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HomeMy WebLinkAboutSWP272330(2) (2) p AFTER RECORDING RETURN DOCUMENT TO: Segale Pro6erties LLC laini:-Balirit P.O- Box TukwiEa, WA 98138' 20101102000932 CITY OF RENTON AnND 66.08 `> PAGE-001 OF 005 11/02/Z010 12:13 KING COUNTY, un THIRD AMENDMENT TO TEMPORAARY'EASEMENT FOR SURFACE WATER DRAINAGE OVERFLO?i�'AND AGREEMENT Grantor: Segale Properties LLC... Grantee: City of Renton' >,.� Legal Description: Abbreviated Legal Description: Portions.of Section-16, To�knship 23 North, EI an& 5 Full`Legat.Description: See Exhibit A attached. Xmessor's Tax:-arce1:Nos.: 162305969 ; Reference Nos.-.-of liociumeiifs Released'-or Assigned: 20060602001486, THIS THIRD`: A, IEN41)MENT TO TEMPORARY EASEMENT FOR SURFAC WATER DRAINAGE OVER.FLOW'AND..AGREEMEI fiT.("Amendment"), dated as ow 2010, is entered iiito by acid between SEGA. LE PROPERTIES LLC, a Washington limited liability company, successoF by name change to LA PIANTA LLC, a Washington limited liability company, successor by merger with LA .PIANTA LIMITED PARTNERSHIP, ("Grantor"), and the City of Renton, a*Muni�cipal-'corporation ("Grantee"). This Agreement amends and restates in its entirety that certain Ten porary.:Easeinent'for Surface Water Drainage Overflow and Agreement, dated November 2?, a 996 and' recorded iinde `Recording No. 9612120153, as amended by that certain Amendment to:Terriporry Easement for Surface Water Drainage Overflow and Agreement, dated May 30, 200&,and recorded *under...RecOrding-.No. 20060602001486 (the "First Amendment"), and that certain Second Amendment to.TempoFary... Easement for Surface Water Drainage Overflow and Agreement dated Sepfemberr26,`2007 and recorded under Recording No. 20070928000176, (the "Second Amendment"}, (collectively,;the "Agreement"), pursuant to which Grantor granted to Grantee certain rights,for.fhe coriveyOce, and discharge of surface water over Grantor's property, which is more particularly described in Exhibit A attached hereto. Capitalized terns used in this Amendment shall have the same meanings.given them in the Agreement unless stated otherwise. J. RECITALS A. Grantor is the owner of certain real property, (the "Property") located in the City of Rehton King;Gount. Washington an�I legally described on Exhibit A attached hereto. $. The Agreement granted`Grantee'the right to perform certain improvements within the Easement.;Area Eo allow'for the.`Tempvrary``€lverflow System to provide for Permitted Drainage onto the Property. :: C. Section 3.:'of the Agreement" states that the term of the easement shall be coterminous with Special...Use- Permit 11o. SP-92-17.4--and be extended to be coterminous with any subsequent issued Special Use Permit. Pef Section:_3, the` term of the Agreement was automatically extended to be coterminous with,c'Spec.ial:.-.Use::Permii'No. LUA00-064, SP, which terminated July 31,2010. D. "-Grantee has constructed all ne'essary improvements within the Easement Area and wishes`to continue using the Temporary Overflow System..: )~: The parties wish to reinstate and amend--.:the Agreed ept to allow..:Grantee to continue using the Temporary Overflow System according to the agreement kt:forth,below. AGREEMENTS 1. Reinstatement. Grantor and Grantee hereby agree that the Agreement shall be reinstated in-_its entirety i0th full,.-farce and effect, with each party having the rights and obligations set forth therei-n. 2. Tertt..of Eas46 nt..:`The"Agi-eemeiit is hereby amended by deleting in its entirety Section 3, which wa.§-ldst amended in ttie.:Firgt Amendment, and substituting the following therefor: 3. TERM O1+`EASEMENT. The Easemeizt,shall be reinstated as of the date hereof and shall automatically termiriate'and" expire...on February 1, 2011, or on such sooner date as improvements have been made to; the'Grantee's-existing stone sewer system such that the need for the Teiilporary Overflt>W System and this Easement is obviated. Under no circumstances shall this .:easement become ,..permanent. Upon Grantor's request, Grantee shall execute and. deliver-'to;`Graht6r an instrument in recordable form quit claiming and releasing to Grantor all rights and,,reaffiimirigthe survival of Grantee's obligations hereunder. In the event Grantor receives, prior to the termination date of the-Easement asaet forth above, a Special Use Permit authorizing Grantor to continue .to' fill Grantor's Property, provided that such Special Use Permit contains substantially the same rights as are granted to Grantor under LUA00-064, SP, this Easement and Agreement shall be t SPATE QP WASHING OM. .- yk COUNT X OF } =' On this z9 7,:day f Qeto�r, 2410 bet ore me, the undersigned, a Notary Public in and for the State of Washington, dniy csimm:issioned:and swom personally appeared Mark Segale known to me to be the Vice,:President -bf Metre Land Development Inc., the corporation that executed the foregoing iristr meat and' acknowledged the. said it sti�ment to be the free and voluntary act and deed of said corporation;'for.:the purposes thereiri�--m4ntioned,and on oath stated that he/she was authorized to execute, aid..Instrarr ent.; ' I certify.that I know or have satisfactory.evir Nace that,&person appearing befo e.me and making thiscknovvledgment is the person whoslr:.true signature appears-on-this dtcument. WITNESS my, and and official seal hereto affixed, daj�''and year in the ceitifi�cate above written.:: ignature 'b IAN'R. COOM$S NC7TARY PUBLIC ; .,.._ _ STATE OF 4SHlNGTOYV l�r�a A C'D. :,COMMISSIbN EXPIRES Print,Name bECTKBER 15,zo.t NOTARY PUBLIC in and for the State of .Mashington,residing at T,k t. ; 1, My<cornniiission expires Z-!,s l{r EXHIBIT A Legal Description A portion of the fast 14 of-the NFs t f,ofrvth NW 1/, of Section 16,Township 23 North, Range 5 Fast,:W M. xcgpt the North 3-0 few of tt$East 30 feet; Said portion being a strip a lamd(3.Q)` et in width-hei g fifteen(15)feet of such width on each side of the following described penterl Commencing at the NE corner vfthe boyidescrib d parcel;_. Thence southerly along the East line,of laic parpe1302.5�-feet tad the;:'1 rue Point of Beginning of the centerline;. Thence westerly perpendicular to the East line of said parcel, 120 feet to„the terminus of:-, the centerline; All situate::in the City of Renton,King County,Washington` ::. PUBLIC WORKS DEPARTMENT ^C���O� M E M O R A N D U M DATE: October 18, 2010 DATE: ' l N ME +V�€ _TIA D TE TO: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator i STAFF CONTACT: Ron Straka, Surface Water Utility Super Allen Quynn, Surface Water Utility Engineer,x7247 SUBJECT: Third Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Please sign the attached Third Amendment to Temporary Easement for Surface Water Drainage and Overflow and Agreement with La Pianta LLP (Segale) dated November 21, 1996. The temporary easement allows the City to use Segale's Upper Balch Pit property as an overflow during extreme storm events when the City's storm system is unable to adequately convey the runoff, resulting in flooding of the adjacent roadway (Monroe Avenue NE). The Upper Balch Pit is located on the south side of Monroe Avenue NE and the storm drainage overflow is located just south of McDonald's Restaurant at the southwest corner of NE 4th Street and Monroe Avenue NE (map attached). The original temporary easement agreement was approved by the Mayor in 1996 (attached) and expired on May 31, 2006. It was subsequently renewed under the First Amendment (attached) on May 30, 2006, with a revised expiration date of July 31, 2011. In 2007, a Second Amendment was executed that revised the legal description to allow for a larger easement area for a second overflow that was constructed in the fall of 2007. Although the First Amendment extended the expiration date of the easement agreement to July 31, 2011, it is coterminous with Special Use Permit No. LUA00-064, SP, which expired on July 31, 2010; therefore, the First Amendment also expired on July 31, 2010. Special Use Permit No. LUA00-064, SP, authorized Segale to fill the Upper Balch Pit where the City's Monroe Avenue NE overflow is located. Segale is in the process of renewing their grade and fill permit that will extend the expiration date 10 years from the date the permit is approved. It is anticipated the City will approve the permit in early to mid November so the new permit will expire in November 2020. If the Special Use Permit is not approved by the City for the Upper Balch Pit, then the Surface Water Utility will seek to obtain a new easement agreement from the property owner for the stormwater overflow system located on the Upper Balch Pit site. ' Mayor Law Page 2 of 2 October 18,2010 To ensure the City maintains the right to use the pit as an overflow, a Third Amendment has been prepared that will amend the easement agreement to include a termination date of February 1, 2011. The Third Amendment contains language that immediately extends the expiration date by five years to February 1, 2016, once the grade and fill permit is issued by the City. The Third Amendment also includes language that allows Segale to provide notice to the City to relocate the outfall at Segale's cost and expense and requires the City to decrease the length of the outfall pipe as necessary to accommodate the placement of fill material into the pit. The amendment requires no expenditure of City. The City Attorney has approved the amendment as to legal form (memo attached). Please return the signed originals to Allen Quynn, Surface Water Utility. We will then 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(cipmegale Easement\Third Amenendment Mayor Memo.doc\AQtp ,; _ _ ,�. _. +gin 4' '.,F. ".`t}'....:e`..t'w�.R,."R'tr�' _:_�.- » .a,• �.�y` .,t _.- ,.w».. {{ 10 it - Ilk tx r.r AIL- ,t. t a �$ r. RentonALI' Ak - 111 K Vicinity Map �1'FIEN r•- n fl RETURN TO: 0 R 1 GINAL Office e.f t:,_ ;cl_ri: Renton Municipal 13adfng '.:_ ( , 200 Mill Avenue South r1 L C�11� I � , Renton,W A 98075 >A . ding rn to: DEC i 114 Lmited Partnership, _ cNicholsP8 A 9 138 TEMPORARY EASEMENT FOR SURFACE-WATER DRAINAGE.OVERFLOW AND , AGREEMENT Z� s� �ti r THIS AGREEMENT, made this day of 1996, between V La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, C a municipal corporation ("Grantee"). 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 -Pr'HEREAS, 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 M1 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 o WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm Cn drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until WGrantee 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 s x temporary overflow storm drainage system under certain terms and conditions; r - a NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows: o; 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 0 CL TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 1 of 8 -"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 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. 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 0) 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"). Asa 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 noway 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 Q N 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 Cat 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 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 sae within. said fifteen-day period, Grantee and its representatives may. proceed to undertake the cmonstruction 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. Ll e. Installation of Monitoring Wells: Monitories. 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 C�2 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 conditionzas 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 O (� 13. RELEASE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm r� 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 aft 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 C'7 written. O GRANTOR: 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 Washington mu 'cipal corporation By: Jesse Tanner Its: a or Attest: ter✓ Marilyn MerO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of 8 STATE OF WASHINGTON ) SS*. COUNTY-OF KING ) On this 21 day of 1\ovErn s3iEg- , 199 G, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A*. Segale*' to 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 WZT��.�TEVOF I have hereunt set my hand and official seal the day and year first above writteU� ';. ..•.. ilk TA. He Si gnature of Not � 1t T Ito �+ U �- .r p „ Print or stamp name of Notary Notary Public in and for the State of Washington , residing at ` c�� My commission expires ZIISIC, STATE OFVASHINGTON ) ) 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: OrOBen. - tgnatur of Notary . L/s,¢ STEP/fEn�S Print or Stamp Name of Notary Notary Public in and for the State of Washington, residing at /5E-nir A/ My commission expires /O -/9-9-7 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 8 of 8 EXIIIBIT "A" Easement Area - Sketch Map 3 O - — - 1U, Legal Description A strip of land fifteen (1 feet in width having seven —and-onz--haff-(-7�.-5j feet of such width on each side of the following described centerline: �l Beginning at the NE comer of the-East 1/2 of the NE'A 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 EXPIIBIT "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. M O rl c0 EXHIBIT "B" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Re#uirn Address i " ianta LLC `P.O. Aox. 88028 TukWi{a,"Wa -Attu: Jacek PawliGki 2 0060602001486 COMMONWEALTH L EAs 40.00 ;:..r? P�C�001 OF 008 0 /02/ 006 14:39 DING CDDUNTY, WA -r Document Title(s) (ter tansai✓tiois Contained therein): Amendment to Temporary Easemetit f.6r:SUrface Water`drainage Overflow and Agreement Reference Number(s) of Docurrients assigned qr releasett (on page-`_:Qf documents(s)) Grantor s. I"as#.:name first, then first name arid_in5tiatls 1. a Pianta:`LL&V j 2,:--=City;bf R nton Grantees) ( :ast name first, then first name and initials): 1. La"Piafrta LLC 2. City of Renton✓.: Legal description (af braviatec# :. L, . 1- ;block, plat or section, township, range) PORTION OF SECTION 16;•TQWNSH=IP 23 NORTH, RANGE 5 QX Full legal is on page 7 of document...." Assessor's Property Tax ParceliAcbban.t Nur be' 1623059059 AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT 7HlS.AMENDMEN"F�TO.,T'EMPORARY EASEMENT FOR SURFACE WATER.DkAtNAGE 4VERF#�,OV .-AND AGREEMENT (the "Amendment") is made'and entered into this :day af:' , 2006, by and between La Pianta LLC ,:a Washing#on..#fmit 6med liabilitj:.c any, as successor by merger with La Pianta Umited'Partnership.(" ranfor"), and the City of Renton, a municipal corporation ("Grantee RECITALS" A. Grantor and Grantee entered;intob$t certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November21:, 1996 and recorded December•1.2,.:1996 as-Instrument No. ` 9612120153 in`the records of King County,State of::Washingtan (the;' "Agreement°',), pursuant to which Grantor granted td Grantee, certoimfiglats for the conveyance and discharge of surface water over::Grantor's oropeft which is morE particularly described in Exhibit A attached hereto. :`Capitalized terns used in this Amendment shall have the same meM1Ags given::them in the Agreement unless the context requires otherwise. B. Crantof and Grantee desire to amend the Agreement on the terms and conditignsset:forth in this Amendment. AGREEMENT NOW, THEREFORE::in,consideration•bf.the mutual covenants set forth in this Amendment and for other;good and;valuable.consideration, the receipt and sufficiency of which ore._ackno vledge:d, the parties agree as follows: 1. Amendments to the:Easemert 1.1 Term of the Agreement.." The Agreement is hereby amended by deleting Sec*tioFn 3 in,its entirety and substituting the following therefor: 3. TERM OF EASEMENT. This Easement shall,bmmence- 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/S/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 Grantors property provided that such subsequently issued Special Use Permit contains .'su]5stantially the.sa.me rights as are granted under SP-92-174, 6nd provided jukhen-1hat this Easement shall in any event terminate and expiry on,Jjjly 31, 2011, or on such sooner date as im prove m ents have,..O' en Made to Grantee's existing storm sewer sist y ern such that,--,th*e,..-*need for the Temporary Overflow Sysferri and this 6'asem6ntj�,-6bviated. Under no circumstances shall*this'eas-6meh't b ':'...permanent. Upon Grantor's request, Grante6..sholl execute and quit c deliw-,to Grantor,:an instrument in recordabl&`forrii: mini'q and releasing to"'Grantor all rights l. and reaffirmin ' s6rviv6Vof Qrante 's.o g,the: e 61kations hereunder. a. In the event drat wr receives a Spe-dia[,Use,.Permit ;:':: :subsequent to Special Use P Grantor to continue to fill Grantor's property,j,h,!s Easement and e ia ame."ndeid the Agreement shall be deemed immedi teiy to provide that 6 "Grantee shall assume full respoqsibtlity4 ;�11 br conditions i m. posed on Grantor in the process of obiainind'said pbrmit which relat& to or arise out of the rights granted to-Grantee'-heT*under, or to storm-water monitoring and sampling and-itesti.'ng of storm request; . on Grantor's property. At Grantor's req ::-Qrantee shall water execute xecutei an amendment to this Easement and Agreement setting forth obligat ions ations arising out of such subsequently . . 9 istued.pbrnit.::. 1.2 ':: Ri&t4o-Terminate The Agreement is'h.er66:Y:,:arnended by deleting Section 11 in its entirety and substituting the foIIoW!ng,jhe' refbr-:` 11. GRANTOR'S RIGHT.TO.TERMINATE-EASEM ENT RIGHTS. This Easern6nt'ghall terminate upon completion of Grantor's filling operations dr:bt-'Grantor's desWe,..upon-wrjtten notice from Grantor to Grantee advisin:9 of thO d6teon which the Easement shall terminate ("Termination Dat6'),::which-date .sha*:shalt._ beno sooner than eighteen (18) months frdm..thb' datea.6.7f Grantor's notice. On or before the TerminO** ti6n' bath- Oralitee shall remove any and all Improvements and shall._restoro Amendment to Temporary for Surface Water Drainage Overflow and Agreement NAGS 515/06 Grantor's property to its condition as of the date hereof. Upon -..expiration or termination of this Easement, Grantee covenants and agrees to removeany and all contaminants, solid materials, silts,-,sediments and/or any other materials (excepting only Permi6d Drainage), which have been deposited onto Grantor's property during'the term of the Easement. Grantee's obligations to,testbre-'Q.rantortr pi Qperfy, remove other than Permitted Diain age::tfterefro fti,and Vindemnify and hold Grantor harmless from claimsa 9 or 01 mages� rol 'tin to Grantee's exercise of its rights 'or PqTf6rma: nQb ofits ob-If a I s hereunder shall survive the eexpirationor-lermiriatio6wof. Easement. 1.3 IS116tkes The notice information-.for both" a"i-tie's""s'le" t f6rth""M::.Section 12 of the p Agreement is hereby amended As..foIIQ-Wsi` -;I-A PIANTA LLC P.O.-Box 88028 Tukwila, Washington 98138 .,Attni Jacqk Pawlicki GRANTEE. CrFY.-.-OF,.RENTON' i b55:M$..,-:0: rqdy Way. R6pton, W gbinglon. 98056--- . Attn-::Adr6inistra:tor of'Plannipig, Building and Public Works 2. No Other Changes':-artd 1nteqiat1o' n:` : -. In all other respects, the Agieeriient, except as amended by this Amendment, is ratified and confirmed and shal.I rem"'ian without change. Additionally, it is expressly understood..,and.. 'agreed that there are no other promises, agreements, conditions, undorsta.hdings,:..inducements; WO-rranties or representations, written, express or impli6d,- betw. een the parties hereto or their employees or agents with respect to this Amendment other.th" as herein set forth; and no prior agreements, understanding or tepresenta't1ofis .1-.,'.1 pertaining as to any such matters shall be effective for any purpose. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 3 IN.WITNESS WHEREOF, the parties-have entered into this mendment%as of the date and year first above written. GRANTOR: ;``LA PIANTA LLC, a Washington limited ;. liabiiiy.company, as successor by merger :'livith..lA. ,- ianta Limited Partnership By-.-Mbtro Land Development, Inc., its Mdrt' Name;: M :A. Segal: It6: R:resideir#t :z ..Y; a: GRANTEE: CITY OF RENTON,'a UIlashingto..ri corporation By: flame: Katy Keolker Its.. Mayor Atttest:. Nam Namt Bonnie.:T. i c)l ton, City Clerk ;Amendment to Temporary for Surfacc W ater Drainage Overflow and Agreement �q�r p'�LQ .' ::PAGE 4 ••.a....••....``' 3/4/06 .. S. TE OF.WASHINGTON ) ) SS. ;:°6u mTY. OFKING ) `On tFtiis `_ : eta of t,,... " ., 2006, before me, the undersigned, a Notary.-Public to and fbr the StAtei o Wastrington, duly commissioned and sworn, personally appeared M,"A. Si�gate, .tb me known to be the person who signed as President q Me&o Ebnd D'velopment, Inc., Manager of LA PIANTA LLC, the limited liability company_..thtt`.executed the within and foregoing instrument, and ackfic�wfedged sAid Snstfument#Q be tholrpe and voluntary act and deed of said partneriship for the uses and.purpdses therein mentioned, and on oath stagted-That M. A. S:eg"We was'-authorized to execute said instrument on behalf of the: onpany <: IN WITNESS WHEREOF I have hereunto set my hard and official seal the day and year trst above written. ....• (Signature Notary) GEORPt:E:. HU',L -j.x NOTARY P�13LXC 'STATE of WASHING GaY'y�e. L• . y l :YV— comwgsiort.�cPIREs (Print or stamp name of Notary) DECEMBER Ifi,.1007 .NOTARY PUBLIC in and for the State of Wasflrngton, residing at KA-JF N#y appointment expires: ►zltslo� Amendment to Temporary for Surface Water Drainage Overflow and Agreement rPAGE'S 5/3J'06 STA- E . -WASHINGTON ) ) SS. .'WUN T-Y OF" i n _ ) ,0n:thid* 3�day:pf 1'la ., .i4* , 2006, before me, the undersigned, a Notary P.ulbiic in and fpr.fhe SS stet pf*W* hington, duly commissioned and sworn; personalI appeared ' to me known to be the person whQ,.si fined VA of CITY OF RENTON, the municxpal..00rporat 6.6.that executed the within and foregoing instrument, and acknowledged seid;,instfurneiht-tA be the free and voluntary act and deed of said munic'rpal,corl. ora:6o for the:uses:add purposes therein mentioned, and on oath st6tecf that S -to 'wa duly`-elected, qualified and acting as said officer of the corpdratiorr, that s was authorized to execute said instrument. IN Wt-TNE8S WHEREOF I have hereunto set nary hand and official'seal the day an.d year first above written. (Signature of Nota .b O T ,_: .; (Print or stamp name of Notary) - ~ pU80C , "S NOTARY PUBLIC in and for the State yr - "b O �� =9 •:�t8:o. �,� ,�� of Washington, residing at Eb4h ell � of W SIX,►++i ? f1l#�r...;appointment expires: _//-/9-08 Amendment t0 Temporary for Surface Water Drainage Overflow and Agreement kG+i.b 515106 Schedule 1 to Driveway Easement Grantor's Property THE EAST'/ F:'TH N-ORTHEAST,%-` OF-.THE NORTHWEST %OF SECTION 1.6, TOWNSHIP:��rNOR�I-1, RANGE 5 EAST, W.M., EXCEPT THE"NORTH 330 FEET,-,''.:"; '. AND EXCEPT THE EAST 30 F ET��CON�JEYE�.:TO THE,��CITY OF RENTON FOR RIGHT-OF-WAY BY.pEED PEG ORDED.,UNDEWRECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERAL-AND THE RIGHT XPLOF2 FOR AND MINE THE SAME AS RESERVED.BY DEED aEC0RbED.,bNOER RECORDING NO. 3875580; SITUATE:-N THE�CITY OF RENTON, COUNTY OF KING;STATE OF WASHIN.+GTON. SUBJECT-TO EASEMENT FOR TRANSMISSION LINE RE66" DED UNDER AUDITOR'S FILE N¢:;257.1770 AND EASEMENT FOR TRANSMISSION LINE #zECCRPED;iJNbER AUD,I..TOR'S FILE NO. 3425304. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 7 i/S/06 ``` EXECUTIVE DEPARTMENT D a City of 000� 9 M E M O R A N D U M RECEIVED OCT 2 5 2010 7ON DATE: October 22, 2010 UTILITY SYSTEMS TO: Allen Quynn, PW- Utilities FROM: nthi oya, Records Management Specialist SUBJE 3rd Amendment to Temporary Easement between Segale Prop. & City The attached original documents have been signed by City officials and are being returned to you for execution by other parties. When you receive fully recorded document, please forward the City clerk's office one original with the recording number on for our permanent record file. This matter will be placed on a periodic call-up schedule to remind you of this requirement, until our office receives the fully executed document. Thank you! Attachments hAcityclerk\records specialist\correspondence & memos - cindy\need sigs 1 doc.doc PUBLIC WORKS DEPARTMENT D ^City TR �O� M E M O R A N D U M DATE: October 18, 2010 TO: Denis Law, Mayor.. FROM: Gregg Zimmermadil, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor, x7248 Allen Quynn, Surface Water Utility Engineer, x7247 SUBJECT: Third Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Please sign the attached Third Amendment to Temporary Easement for Surface Water Drainage and Overflow and Agreement with La Pianta LLP (Segale) dated November 21, 1996. The temporary easement allows the City to use Segale's Upper Balch Pit property as an overflow during extreme storm events when the City's storm system is unable to adequately convey the runoff, resulting in flooding of the adjacent roadway (Monroe Avenue NE). The Upper Balch Pit is located on the south side of Monroe Avenue NE and the storm drainage overflow is located just south of McDonald's Restaurant at the southwest corner of NE 4th Street and Monroe Avenue NE (map attached). The original temporary easement agreement was approved by the Mayor in 1996 (attached) and expired on May 31, 2006. It was subsequently renewed under the First Amendment (attached) on May 30, 2006, with a revised expiration date of July 31, 2011. In 2007, a Second Amendment was executed that revised the legal description to allow for a larger easement area for a second overflow that was constructed in the fall of 2007. Although the First Amendment extended the expiration date of the easement agreement to July 31, 2011, it is coterminous with Special Use Permit No. LUA00-064, SP, which expired on July 31, 2010; therefore,the First Amendment also expired on July 31, 2010. Special Use Permit No. LUA00-064, SP, authorized Segale to fill the Upper Balch Pit where the City's Monroe Avenue NE overflow is located. Segale is in the process of renewing their grade and fill permit that will extend the expiration date 10 years from the date the permit is approved. It is anticipated the City will approve the permit in early to mid November so the new permit will expire in November 2020. If the Special Use Permit is not approved by the City for the Upper Balch Pit, then the Surface Water Utility will seek to obtain a new easement agreement from the property owner for the stormwater overflow system located on the Upper Balch Pit site. Mayor Law Page 2 of 2 October 18,2010 To ensure the City maintains the right to use the pit as an overflow, a Third Amendment has been prepared that will amend the easement agreement to include a termination date of February 1, 2011. The Third Amendment contains language that immediately extends the expiration date by five years to February 1, 2016, once the grade and fill permit is issued by the City. The Third Amendment also includes language that allows Segale to provide notice to the City to relocate the outfall at Segale's cost and expense and requires the City to decrease the length of the outfall pipe as necessary to accommodate the placement of fill material into the pit. The amendment requires no expenditure of City. The City Attorney has approved the amendment as to legal form (memo attached). Please return the signed originals to Allen Quynn, Surface Water Utility. We will then 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\Third Amenendment Mayor Memo.doc\AQtp ORIGINAL -r�IZETUR.N TO: Office i f t'',=1 �� Renton �;unlcpal Building 200 Mill Avenue South Renton,bVA 98055 >eding rn to: CSC i E 4 ali1 mited Partnership, Nichols8 A 9 138 TEMPORARY EASEMENT FOR SURFACE-WATER DRAINAGE OVERFLOW AND AGREEMENT jn 2� S v� \ r THIS AGREEMENT, made this day of , 1996, between V4 La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, 0 a municipal corporation ("Grantee"). ta WITNESSETH: tS� 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 ti 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 o 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 WGrantee has designed and constructed such permanent improvements to its existing storm water system; r and WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a s ,X temporary overflow storm drainage system under certain terms and conditions; Q NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows: o; 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 0 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page I of 8 7 _ "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 Lt) 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 Grantor's property provided that such subsequently issued Special Use Permit contains substantially the Cr) 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 0 b. Only Permitted Drainage Allowed. Grantee agrees that only Permitted Drainage as Cat defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants 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 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 or 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 Monitorina 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 s12 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 . 1 restore Grantor's property to its conditiowas 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 O (� 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 arty 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. l) 1-4 GRANTOR: C N LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership Cat By: Metro Land Development, Inc., a Washington corporation, its General Partner Bv: _ s M. A. egale, President GRANTEE: CITY OF RENTON, a Washington mu 'cipal corporation By: Jesse Tanner Its: a or Attest: ter✓ Marilyn er TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of 8 STATE-OF WASHINGTON ) ss. COUNTY-OF KING ) On this 21 day of klo yE ro gay— , 199 U, 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 Wj� gWOF I have hereunt set my hand and official seal the day and year first above �!! 413 , Signature of Not 0 Print or stamp name of Notary 15, �4= Notary Public in and for the State of Washington, E' °' ��� residing at S �p r My commission expires - I Z.t Ls I ti!� 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: OGT oB0YZ 2-4, /99(o ignatur of Notary L/s,4 S'TEPHE-v S Print or Stamp Name of Notary Notary Pu-lic in and for the State of Washington, residing at 1E- �nVN 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 Map z c� o - - wTs 6 � 4c v. //-Z5=96 Legal Description A strip of land fifteen (1.5) feet in width having seven and--o-ne=haff-{-7-.5) feet of such width on each side of the following described centerline: �l Beginning at the NE corner of the East Ih of the NE IA of the NW IA 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 in CG EXHIBIT "B" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA98055 20070928000176 CITY OF RENTON EAS 43.00 PAGE001 OF 004 09/28/2007 09:08 KING COUNTY, WA Title: Amendment to Temporary Easement for Property Tag Parcel Number: 162305-9059 Surface Water Overflow and Agreement Project File#: SWP-27-2330 Street Intersection or Project Name: Monroe Ave NE Storm System Project Reference Number(s) of Documents assigned or released: Grantor(s): Grantee(s): 1. La Pianta LLC 1. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9612120153 AND AMENDED BY KING COUNTY RECORDING NUMBER 20060602001486. THE EASEMENT AREA ON THE SUBJECT PARCEL AS DEFINED IN THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT UNDER KING COUNTY RECORDING NUMBER 9612120153 IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B OF THE INSTRUMENT. IN ALL OTHER RESPECTS, THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW, EXCEPT AS AMENDED HEREIN, IS RATIFIED AND CONFIRMED, AND SHALL REMAIN WITHOUT CHANGE. S 123 �C,'i d CA\Documents and Settings\MHancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement doc Page 1 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this day of 20 O.% MAYOR athy Keolker CITY CLERK Bonnie W01t.on Ijj „o STATE OF WASHINGTON )SS � 1'4lt� COUNTY OF KING ) i! I certify that I know or have satisfactory evidence that KathyKeolker"and Bonnie Walton are the `h �' •°r ,�a yj ���� 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 the CITY CLERK,CITY OF RENTON,to be the free and m cn= volunt act of such parties for the uses and purposes mentioned in the instrument. N ary Public in and44 fort e State of WashingtoIn// N tary('nnt) J y appointment expires: ( Dated: -t" Z p O IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. LA PIANTA LLC By:Metro Land Development,Inc.,its Manager By: r A.S gafe, e- resident CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OFG ) On this day o ,20 before me personally appeared to me known to SUSAN A. THOMAS be of the corporation that Notary PubIIC executerd,and thin instrument,and acknowledge the said instrument to be the free State of WashingtoWd volt and deed of said corporation,for the uses and purposes therein M y C o m m i s s I o n E X p Ikoeach on oath stated that e/she was authorized to execute said May 01, 2010 rostrumat the seal is e corporate seal of said corporation. Nota ' Pub is in an r the State f Wa gton Not t) My appointment expires: �D/D Dated: C:\Documents and Settings\MHancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement.doc\AQtp Page 2 FORM 03 0013/bh/CA2-21-97 EXHIBIT A Legal Description A portion of the East %z of the NE V4 of the NW %4 of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land(30) feet in width being fifteen(15) feet of such width on each side of the following described centerline; Commencing at the NE corner of the above described parcel; Thence southerly along the East line of said parcel 302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton, King County,Washington. i Il 1 EXHIBIT "B" PROPERTY LINE I I� II IDf z w IIQ) CL t� PID 1623059059 302,5' Ii 0 �I �I r U l 116 120' L 30' F Cented-ne _ NORTH L - `- ! PROPOSED EXISTING OUTFALL OUT FALL EASEMENT - Upper Balch Pit 0't S0 I ' MONROE AVE NE STORM SYSTEM PROJECT Scale, V = 50' City of Renton Surface Water Utility D. Carey 7125/07 Allen Quynn From: Allen Quynn Sent: Monday, September 13, 2010 10:12 AM To: Mark Barber Subject: FW: Third amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Attachments: Third Amendment to Surface Water Overflow Easement(2).docx; Temp Easement for Surface Water Drainage Overflow.pdf; Second Amendment.pdf; First Amendment.pdf Hi Mark, I was wondering if you have had a chance to look at the draft temporary drainage easement between the City and Segale for the Upper Balch Pit over flow. Thanks, Allen Quynn, P.E. Project Manager City of Renton Surface Water Utility Engineer 425-430-7247 aguynn@rentonwa.Rov From: Allen Quynn Sent: Tuesday, August 31, 2010 1:39 PM To: Mark Barber Cc: Lys L. Hornsby; Ronald Straka; Teresa Phelan Subject: Third amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Hi Mark, Attached is a draft third amendment to the Temporary Easement for Surface Water Drainage Overflow and Agreement between the City and La Pianta LLC (Segale Properties). This document amends the Temporary Easement for Surface Water Drainage and Overflow and Agreement, dated November 21, 1996 (Recording No. 9612120153) as amended by Temporary Easement for Surface Water Overflow and Agreement dated May 30, 2006 (First Amendment- Recording No. 20060602001486) and Temporary Easement for Surface Water Overflow and Agreement dated September 26, 2007 (Second Amendment- Recording No. 20070928000176). The purpose of this easement amendment is to change the term of the easement. The current expiration date on the agreement is July 31, 2011; however, because it is coterminous with Special Use Permit No. SP-92-174 which expired on July 31, 2010, it has also expired on July 31, 2010. Special Use Permit No. SP-92- 174 authorized Segale to fill their pit (a.k.a. Upper Balch Pitt) where the City's Monroe Ave. NE overflow is located. Segale is in the process of renewing their fill permit and anticipate receiving approval from the City in October. In the interim,they would like to amend the agreement to include a termination date of January 1, 2011. Once the fill permit is issued, the amended agreement will automatically extend the expiration date 5 years to January 1, 2016. The term of the easement has also been modified to include language allowing Segale to provide notice to the City to relocate the outfall at Segale's cost and expense. The amended agreement also requires the City to decrease the length of the outfall pipe as necessary to accommodate the placement of fill material in to the pit. 1 At your earliest opportunity, please review and approve as to legal form the third amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement. I've included a copy of the Temporary Easement for Surface Water Drainage Overflow and Agreement and both amendments for your convenience. Thanks, Allen Quynn, P.E. Project Manager City of Renton Surface Water Utility Engineer 425-430-7247 aguynn@rentonwa.gov 2 �u *Kmik�,-Whccicr, CITY t F RENTON Plinning/Buildirg/PublicWorks Department Mayor Q OU UrJ,t-� GreggZim:nernian P.E.,Administrator November 22,2005 Mark Hancock Scgalc Business Park P.O.Boa 88028 Tukwila,WA 98138 Subject: Five-Year Anniversary RevieW of Upper Balch Pit Grade& mill Permit City of Renton File No. I.UA00-0G4 Dcar Mr.Hancock: Condition # 9 of the July 31. 2000 1[caring Exanoincr's report requires the City of Renton to review the above grade and till permit five years after initial approval. The City has determined Ihat the gra!,: and fill permit is in compliance with file conditions of approval. Furthemlore, current circumstances dt, not require any modifications of the hearing Examiner's conditions of approval. Therefore, file Upper Balcl, Pit Fill& Grade Permit is hereby extended unt+l either the fill level reaches 325 tcet or-July 31,2010.whichever conics first. When either the fi'l limit of 325 feet or the expiration dale is rcachcu a new Special Pennil;hall he required firr any future grade or fill work performed on this site. i Please feel free 10 contact Je noter herring at (425) 430-7286 should vcu have any further questions or comments regarding this extension. Sincerely, r .t Neil Watts f f Development Services Director f i cc Sue Carlson Jennifer Ifnttnng File No.LUAOO-064 _ tl$5 Sou G th ndy!•Va y _•. orlon,:D'ashingtnn 9895s RENT arl N` Y o� ADMINISTRATIVE, JUDICIAL, AND ♦ ,� , LEGAL SERVICES DEPARTMENT n O� M E M O R A N D U M DATE: May 31, 2006 TO: Allen Quynn, Surface Water Engineer FROM: 011 ebbie Evans, Records Management Specialist/City Clerk Div. SUBJECT: Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement (Segale Property) The attached original document has been signed by City officials and is being returned to you for execution by other parties. When you receive the fully executed/recorded document, forward a copy to the City Clerk's office for our permanent record file. This matter will be on a periodic call-up schedule to remind you of this requirement until our office receives the document. Thank you. Attachments 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 OX Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 1623059059 t 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 Ma4t , 2006, by and between La Pianta LLC, a Washington limited liability com any, 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 PACE 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/fl6 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: Katy Keolker Its: Mayor Attest: . &-X Y1,<,c.j &Q&cr� Name: Bonnie I. Walton, City Clerk s F A ' Amendment to Temporary for Surface Water Drainage Overflow and Agreement 0 ...... f 0`k PAGE 4 'era...........•. 5/5/06 A.�,.,_�..nla+lf . .g --•.ter---��� �� u.. NF 4ih Street _ g Monroe AveNF, McDonald's Greenwood Approx. Cemetery Location of Overflow 4 Segale Property Overflow Location Map 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 � n ) On this 3644 day of file 2006, before me, the undersigned, a Notary Public in and for the S ate of Washington, duly commissioned and sworn, personally appeared a-t'hv K&clWer , to me known to be the person who signed as ,- of CITY OF RENTON, the municipal corporat on 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 Sk e was duly elected, qualified and acting as said officer of the corporation, that S4e- 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.0 � / (� 4E t f 41`tt"1 � off" (Signature of Notary 5, J.0 soT , ��' .fie r Gt IT- t yl"h s fi: (Print or stamp name of Notary) NOTARY PUBLIC in and for the State 9T ' - �'•°"�.°,�'� of Washington, residing at e . lJ F . ...••• 4 p r'� �1V My appointment expires: //- /9- o-9 �r/lies: 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 '/2 OF THE NORTHEAST Y4 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 - 2-a � Return Address La Pianta LLC P.O. Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki 20060602001486 PAGE001 O COMMONWEAFLTH L EAS 40.00 008 06/02/2006 14:39 KING COUNTY, WA 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: /o (on page _ of documents(s)) cOMMONWEAurxLrmrrMS I REF; /�'�1 r O" I 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 M , 2006, by and between La Pianta LLC, a Washington limited liability com any, 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 Ayreen1C11t PAGE ] 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 Surtace Water Drainage Overflow and Agreement PAGE:2 >/i/O6 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. Segal Its: President GRANTEE: CITY OF RENTON, a Washington corporation By: `�\`�tk Kee _ Name: Katy Keolker Its: Mayor Attest: &It4 c•j Name: Bonnie I. Walton, City Clerk Amendment to Temporary for Surtacc N atcr Drainage Overflow and Agreement 0RI l r p• Q1 ,+' PAGE 4 . ....... S/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 3 1 s 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. �i (Signature Notary) GEORGE L HULLJR NOTARY PUBLIC ` t STAT EF WSHINGTO ssio EXPIRES (Print or stamp name of Notary) 15,2007 NOTARY PUBLIC in and for the State of Washington, residing at Kit My appointment expires: tzllslo� Amendment to temporary for Surface Water Drainage Overflo" and Agreement PAGE 5 5/5/06 STATE OF WASHINGTON ) ss. COUNTY OF ' i n ) On this 3644 day of ma , 2006, before me, the undersigned, a Notary Public in and for the S ate of Washington, duly commissioned and sworn, personally appeared Ka�hy cl eer , to me known to be the person who signed as of CITY OF RENTON, the municipal corporat on 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 Sk a was duly elected, qualified and acting as said officer of the corporation, that SA e- 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. lift (Signature of Nota 0 \1\0 1 A�y 9�N o rn G� Vau'I S (Print or stamp name of Notary) NOTARY PUBLIC in and for the State A• `y���r -©�• ��°►�� of Washington, residing at e ��� I�AS �1111 My appointment expires: //- 19- o8 Amendment to Temporary for Surface Water Drainage Overflow and Agreement RV&6 5/5/06 Schedule 1 to Driveway Easement Grantor's Property THE EAST '/2 OF THE NORTHEAST %4 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 Surtace Water Drainage Overflow and Agreement PAGE 7 5/5/O6 WHEN—(7r--CET)RETURN TO: ORIGINALOffice of t' ^c- } clerk Renton N4unicipal Building 200 Mill Avenue South `` 1' 51 Renton,WA 98055 er recording turn to: l '_ a Utz45 La Pi a mited Partnership, c/o Nichols PO x88 Tu ila WA 9 138 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND ' AGREEMENT S wP — a 7 — 2 3 3o CO) In THIS AGREEMENT, made this 2� day of ; 1996, between V4 La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). WITNESSETH: +lrl 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 C) 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 W Grantee has designed and constructed such permanent improvements to its existing storm water system; OC r 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 k C,J TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW :a ' AND AGREEMENT Page 1 of 8 �q6-o©77 1=ZZ2� f "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 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 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 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 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 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 C1 provided by an insurance company approved by Grantor and a copy of the policy or a certificate of 0 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, CO) Administrator,Planning,Building and In Public Works N13. RELEASE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm V-1 Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer NImprovements 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 ' r 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: C�2 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 Washington mu .pal corporation 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 z 1`'r day of iJovr=m P- , 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 trOF I have hereunt set my hand and official seal the day and year first above \0 TA RY X ri,. ; Signature of Not ' f �j s Ce 6r•G L_ Ctv l iZ Print or stamp name of Notary Notary Public in and for the State of Washington, residing at My commission expires I Z L t S 1 ti! STATE OFVASHINGTON ) ) 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: OC—rclBE"r,- Z4, /99(�o Signatur) of Notary L154 S-TEPHE-lv 5 Print or Stamp Name of Notary Notary Public in and for the State of Washington, residing at /9�AI MA/ My commission expires /O —/4—9 7 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 8 of 8 ♦. �, z EXEUrr "A" Easement Area Sketch Map C1 � - v c�T�i9-G L .!/Ts 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: Beginning at the NE corner of the East 'h of the NE IA `'CC of the NW'/ 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 r 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 rl tD 0) EXHIBIT "B"TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT PLANNING/BUILDING/ ♦ �� , PUBLIC WORKS DEPARTMENT a M E M O R A N D U M DATE: September 11, 2007 TO: Kathy Keolker, Mayor FROM: Gregg Zimmermai4;�PV Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: Amendment to Amended Temporary Easement for Surface Water Drainage Overflow and Agreement Attached for your execution is one original amendment to an existing amended Temporary Easement for Surface Water Drainage Overflow Agreement that was recorded between the City and La Pianta LLC (Segale). The purpose of this amendment is to revise the legal description to allow for a larger easement area to accommodate a second storm drain overflow into Segale's spoils pit off of Monroe Avenue NE. A second storm drain overflow has been designed to reduce street flooding during large storm events, due to the limited flow capacity of the existing outfall. Segale's property, also known as the Upper Balch Pit, is located on the west side of Monroe Avenue NE. The storm drain overflow is located just south of McDonald's Restaurant at the southwest corner of NE 41h Street and Monroe Avenue NE (map attached). The City held the construction contract bid opening last week and anticipates beginning construction in early October. The project will take approximately three weeks to complete. The original amended agreement was approved by Council and signed by the Mayor in 2006 (attached). The amendment requires no expenditure of City funds and only changes the legal description of the agreement. The City Attorney has approved the amendment as to legal form (e-mail attached). Please return the signed agreement to the City Clerk's office for recording with King County. Attachments LAS C M E N TS cc: Lys Hornsby,Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2330-Monroe Ave Overflow\1010 Segale Easement\Mayor signature memo.doc\AGps A t Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: Amendment to Temporary Easement for Property Tax Parcel Number: 162305-9059 Surface Water Overflow and Agreement Project File#: SWP-27-2330 Street Intersection or Project Name: Monroe Ave NE Storm System Project Reference Number(s)of Documents assigned or released: Grantor(s): Grantee(s): 1. La Pianta LLC 1. City of Renton,a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9612120153 AND AMENDED BY KING COUNTY RECORDING NUMBER 20060602001486. THE EASEMENT AREA ON THE SUBJECT PARCEL AS DEFINED IN THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT UNDER KING COUNTY RECORDING NUMBER 9612120153 IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B OF THE INSTRUMENT. IN ALL OTHER RESPECTS, THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW, EXCEPT AS AMENDED HEREIN, IS RATIFIED AND CONFIRMED, AND SHALL REMAIN WITHOUT CHANGE. CADocuments and SettingsMiancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement.doc Pagel FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and City Clerk this day of , 20_. MAYOR CITY CLERK STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton 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 the CITY CLERK,CITY OF RENTON,to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. LA PIANTA LLC By: Metro Land Development,Inc.,its Manager i 1 By: r A.Stsga e-, e- resident CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OFG ) On this _day o 204,before me personally appeared to me known to SUSAN A. THOMAS be of the corporation that Notary Public execute the within instrument,and acknowledge the said instrument to be the free State of WashingtoNd vol tary act and deed of said corporation,for the uses and purposes therein Von d,and each on oath stated that e/she was authorized to execute said May 01, 2010 tnstrum t My C o m m i s s t o n E x p i a at the seal a is a corporate seal of said corporation. Notary Pub ie in an r the State f Wa5bington Nota 1nt) My appointment expires: Dated: CADocuments and Settings\MHancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement.doc\AQtp Page 2 FORM 03 0013/bh/CA2-21-97 t EXHIBIT A Legal Description A portion of the East %Z of the NE '/4 of the NW '/4 of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land(30) feet in width being fifteen(15) feet of such width on each side of the following described centerline; Commencing at the NE corner of the above described parcel; Thence southerly along the East line of said parcel 302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton, King County, Washington. EXHIBIT "B" PROPERTY LINE II II � w II Cif z w � III LLI III Ilo PID 1623059059 302.5, II I I I I I I II€ in L C 120' X 30' — _ _ terline NORTH PROPOSED EXISTING OUTFALL OUTFALL I EASEMENT - Upper Balch Pit L.0' MONROE AVE NE STORM SYSTEM PROJECT City of Renton Surface Water Utility Scales 1' = 50' D_ Carey 7/25/07 � '� ✓�.. 3 dt:K� yam, 4F�! 3 '� q� � a r � w l T ONE �,� �.a a�F?E a, ;'��"� �• U s e e D F s ~~DD s FD r _ Ritur-n Address �;a.Piar fa LLC 1':O. BbX 88628 Tukwila,,.-WA, Attn: Jacek Pawlioki a 20060602001 F� 10NL1FALTH L EAS "�� �6 W 00a lJl1 40.00 ''!CI TM14.39 ' , UA Document Title(s) (or trbnsactiofs Contained therein): . Amendment to Temoorary Easernoiit for.%a aoe Water Drainage Overflow and Agreement Reference Numbers) of Docuirients assigned ar rdlease�t: (on page�_:of documents(s)) zrr:a Grantor(s)''(-.ast`:name first, then first name and.0ti;As);: 1. 4'a Pinta:-LLG'� 2.-bity;bf Rontoii :'�:.• ..;: :; Grantees) (mast name first, then first name and initials): k2. �La f'iarrta LACCi t of Renton✓...gal description (al�beviated : i, .lof;block, plat or section, township, range) PORTION OF SECTION 1&,--fi-QWN`SH`1P 23 NORTH, RANGE 5 QX Full legal is on page 7 of docume6t..�." Assessor's Property Tax ParcellAcd"bu it Number 1623059059 ;..... Allen Quynn RE: Monroe Ave NE Storm System Overflow Projet;t Page 1 From: "Larry Warren" <Ijwarren@seanet.com> To: "'Allen Quynn"' <aquynn@ci.renton.wa.us> Date: 8/22/2007 11:34:52 AM Subject: RE: Monroe Ave. NE Storm System Overflow Project The agreement is approved as to legal form. I note that all of the easements are temporary. Do they need to be made permanent, or will the need for them be eliminated by the filling of the grantor's property? -----Original Message----- From: Allen Quynn [mailto:aquynn@ci.renton.wa.us] Sent: Tuesday, August 21, 2007 5:04 PM To: LARRY WARREN Cc: Robert MacOnie; Lys Hornsby; Ronald Straka Subject: Monroe Ave. NE Storm System Overflow Project Larry, I have attached a draft revised easement amendment to the Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement that was recorded between the City and Segale under Recording Number 20060602001486 (enclosed). The purpose of the easement amendment is to revise the legal description to allow for a larger easement area to accommodate a second overflow into the Upper Balch Pit off of Monroe Ave. NE. As you may recall, a portion of the embankment slope along the north property line (McDonald's) failed during heavy rains last November resulting in part of the parking sliding down the embankment and into the pit. To minimize the chance of this happening again, the City is in the process of bidding a project to construct a second overflow/outfall pipe that will run parallel and to the north of the existing outfall/overflow pipe (see Exhibit B). For your convenience, I've also included a copy of the original Temporary Easement for Surface Water Overflow and Agreement. The attached draft easement has been reviewed and marked up with comments by Segale's Attorney. At your earliest convenience, please review as to legal form the attached easement amendment. Thanks, Allen Quynn, P.E. Project Manager Surface Water Utility 425-430-7247 CC: "'Robert MacOnie"' <Bmaconie@ci.renton.wa.us>, "'Lys Hornsby"' <Lhornsby@ci.renton.wa.us>, "'Ronald Straka"' <Rstraka@ci.renton.wa.us> �ti`SY O� PLANNING/BUILDING/ + PUBLIC WORKS DEPARTMENT 6A O� M E M O R A N ANT DATE: September 11, 2007 �, d"�" "ALOATE TO: Kathy Keolker, Mayor #� FROM: Peter Hahn, Acting Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Sup -7-248).. Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: Amendment to Amended Temporary Easement for Surface Water Drainage Overflow and Agreement Attached for your execution is one original amendment to an existing amended Temporary Easement for Surface Water Drainage Overflow Agreement that was recorded between the City and La Pianta LLC (Segale). The purpose of this amendment is to revise the legal description to allow for a larger easement area to accommodate a second storm drain overflow into Segale's spoils pit off of Monroe Avenue NE. A second storm drain overflow has been designed to reduce street flooding during large storm events, due to the limited flow capacity of the existing outfall. Segale's property, also known as the Upper Balch Pit, is located on the west side of Monroe Avenue NE. The storm drain overflow is located just south of McDonald's Restaurant at the southwest corner of NE 4th Street and Monroe Avenue NE (map attached). The City held the construction contract bid opening last week and anticipates beginning construction in early October. The project will take approximately three weeks to complete. The original amended agreement was approved by Council and signed by the Mayor in 2006 (attached). The amendment requires no expenditure of City funds and only changes the legal description of the agreement. The City Attorney has approved the amendment as to legal form (email attached). Please return the signed agreement to the City Clerk's Office for recording with King County. Attachments cc: Gregg Zimmerman,PBPW Administrator Lys Hornsby,Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2330-Monroe Ave Overflow\1010 Segale Easement\Mayor signature memo.doc\AGps Return Address: City Clerk's Office City of Renton South Grady Way 20070928000176 Renton,WA 98055 CITY OF RENTON EAS 43.00 PAGE001 OF 004 09/28/2007 09:08 KING COUNTY, WA Title: Amendment to Temporary Easement for Property Tax Parcel Number: 162305-9059 Surface Water Overflow and Agreement Project File#: SWP-27-2330 Street Intersection or Project Name: Monroe Ave NE Storm System Project Reference Number(s) of Documents assigned or released: Grantor(s): Grantee(s): 1. La Pianta LLC 1. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9612120153 AND AMENDED BY KING COUNTY RECORDING NUMBER 20060602001486. THE EASEMENT AREA ON THE SUBJECT PARCEL AS DEFINED IN THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT UNDER KING COUNTY RECORDING NUMBER 9612120153 IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B OF THE INSTRUMENT. IN ALL OTHER RESPECTS, THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW, EXCEPT AS AMENDED HEREIN, IS RATIFIED AND CONFIRMED, AND SHALL REMAIN WITHOUT CHANGE. Ste, i(0 Tv) 23 Q.C-,-) dS CADocuments and Settings\MHancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement.doc Pagel FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this .1�o fA day of MAYOR athy Keolker CITY CLERK Bonnie . 'W liton _4 STATE OF WASHINGTON )SS �f COUNTY OF KING I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are the •y, �fr persons who appeared before me,and said persons acknowledged that they signed this `o instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free and — cn: volunt act of such parties for the uses and purposes mentioned in the instrument. 2/0— ��rf. N ary Public in and forte State of Washington ill G i g f, `;>`� N tary(Print) y appointment expires:---(,, -Z e, - Zoo e> Dated: Z(Q 00 IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. LA PIANTA LLC By: Metro Land Development,Inc.,its Manager By: r"ae, resident CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OFG ) On this day o 1204,before me personally appeared to me known to SUSAN A. THOMAS be of the corporation that Notary Public execute the within instrument,and acknowledge the said instrument to be the free of WashingtoFd vol tary act and deed of said corporation,for the uses and purposes therein [:State y C O f11 rT11 S S I O f1 E X p Iygition d,and each on oath stated that e/she was authorized to execute said May O1, 2010 instrum t a at the seal is e corporate seal of said corporation. Nota " Pub is in an r the State f Wa ington Nota nt) My appointment expires: o,)O/O Dated: CA\Documents and Settings\MHancock\Local Settings\Temporary Internet Files\OLKC\new easement agreement.doc\AQtp Page 2 FORM 03 0013/bh/CA2-21-97 • r EXHIBIT A Legal Description A portion of the East %2 of the NE I/4 of the NW 1/4 of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land (30) feet in width being fifteen(15) feet of such width on each side of the following described centerline; Commencing at the NE corner of the above described parcel; Thence southerly along the East line of said parcel 302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton, King County, Washington. EXHIBIT "B" i PROPERTY LINE I II LU II �I ry z w Z. O II a O � II PID 1623059059 302,5 (I I� r. 120" M Uj 30/ _ _ terline _ NORTH L - _ ::;+ PROPOSED EXISTING OUTFALL OUTFALL EASEMENT - Upper Balch Pit 0'I 50' MONROE AVE NE STORM SYSTEM PROJECT I City of Renton Surface Water Utility Scales I' = 50' D. Carey 7125/07 0 M*C; FLANGE JOINT, TYPICAL N r 24" IPS BACK-UP RING (2) 24 BOLTS, NUTS, WASHERS N PRESSURE CLA SS 160 1 1/4" X 12.5"(MIN) }F a- VERIFY LENGTH NEEDED 24" FLANGE ADAPTER TtiC S�Op 24" HDPE PIPE DR 17, PRESSURE - F = CLASS 160 (2) SPOOL, 2' MIN. 24" ELBOW (APPX 30', VERIFY WITH EXCAVATE BASIN FOR ROCK APRON BUTT-FUSED JOINT (TYP) ACTUAL GROUND SLOPE) APPX 12' DIA BUTT-FUSED JOINT (TYP) -- —_� 24" IE-286-� 284.86 EXISTING \ 24" HDPE PIPE GROUND 18"-24" COMPACTED BEDDING =1 CONTRACTOR TO ADJUST ELBOW LOCATIONS AND —� — SPOOL LENGTHS AS NEEDED TO FIT SLOPE. III 30"-36" EX. DITCH ALONG TOE REVIEW WITH CITY BEFORE FABRICATING. _I OF SLOPE, SIZE APPX PLACE HEAVY RIP-RAP FLANGE JOINT, ELBOW DETAIL (NTS) TWOKTOITHREE" ROCK APRON (Nrs) LAYERS THICK CONCRETE SHALL BE KEYED 12" MIN. p•Z 3�O�^ AGAINST UNDISTURBED EARTH BOTH FACES ANVIL FIG. TYPE 212 PIPE CLAMP WITH GALV. FINISH OR EQUAL. SPLIT AT SPRINGLINE. 6.5' MIN. CLAMP ID 26" MIN TO ALLOW PIPE TO SLIDE THRU CLAMP. CLASS 5 1/2 SACK COLLAR (2" PIPE 1' 1' 2.5'-1 1' V CONCRETE 3000 PSI MIN 24" PIPE WELDED TO STAKE), MIN MIN MIN MIN MIN OR 2 BOLTS ON 24" HDPE PIPE THREADED END (OD -24") FILLET 1/2' TYP • y �I(1.5' MIN. 3/4" BOLT, 7/8' DIA, HMA, 2-(MIN) " x NUT, WASHERS 2' DIA. CLASS 1/2" '> PLATE ATB* 6" CRUSHED SURFACING TOP COURSE N c z 3" CLR o w y PLAN VIEW SEE SPECS FOR PIPE BEDDING y ANVIL FIG. TYPE 212 PIPE CLAMP OR EQUAL a AND BACKFILL REQMTS. y y SPLIT AT SPRINGLINE. CLAMP ID 24" CLAMP TIGHT TO PIPE POUR CONCRETE ANCHOR AROUND PIPE #4 REBAR 8" O.C. E.W. d CENTER IN CONCRETEI D 3" COVER SHAPE END PLATE DETAIL (n,P) TO A POINT USE 6"ATB ON MONROE AVE 1/4" PLATE ASTM A36 STEEL *MINIMUM ATB: GALV. AFTER FABRICATION PER ASTM A123. PRINCIPAL/MINOR/COLLECTOR ARTERIAL STREETS 5' CONFIRM THAT PLATE WILL MATCH AND INDUSTRIAL ACCESS STREETS - 6" ATB CLASS 'E' or 'B' CLAMP FITTING AND BOLT DIMENSIONS RESIDENTIAL ACCESS STREETS - 2" ATB CLASS 'E' or 'B' BEFORE FABRICATION. 6' MIN, 1}" X 5' PIN PILE EACH SIDE SECTION VIEW ASTM A36 STEEL GALV. AFTER FABRICATION PER ASTM A153, TYPICAL PATCH FOR FLEXIBLE PAVEMENT OR 5' PIN WITH THREADED D CONCRETE DEADMAN ANCHOR DETAIL (NTS) PIPE ANCHOR DETAIL (NTS) PERPENDICULAR TO ROAD CENTERLINE DWG NAME: HR-23 (NTS) AS-BUILT SURVEY BY: TOUMA ENGINEERS AS—BUILT PLANS STAMPED BY: AS-BUILT of MOUNIR I{, TOUMA ON:11/27/07 PE#9470 EXPIRES: 6 22 09 RECOMMENDED ADDED AS—BUILT INFORMATION DWC 1-15 08 'Pfrt'"°` Noted a 8/9/2007 FOR APPROVAL _ ��"� m CITY OF owc � MONROE AVE NE STORM SYSTEM BY Daniel Carey 8/10/0 °`!`uwc _ "� RENTON OVEFLOW PROJECT J DATUM BY oaw�K v�.ws ar�r4a er: RJS,DwC "'�` I Planning/Building/Public Works Dept. �2 awwn a smNu acsAoM ,�,a, „n: re�m [:w�lo/ts�bl NO. REVISION BY DATE APPR RJ5 2 a .o-a33oo D-2335. CALL 48 HOURS BEFORE YOU DIG NE 4TH ST!MO ROE AVE NE 0' 10' 20 / 81 1 OR (old #1-800-424-5555) n INTERSECT N --- > �_�--- EX CB TYPE 2, 11 � EXISTING UTILITY LOCATIONS ARE APPROXIMATE, NOT ALL UIILTIES MAY BE SHOWN. N �— STA. 6+49 CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UTILITIES. �� ���� _ SCALE: 1"— 20' EX CB TYPE 1 RIM EL=345.76 d EX CB TYPE 2, ___ - RIM EL=345.7 STA. 2+76 E 8"IE=_ IN 36"I-332.13 35 _ —RIM RIM 39.93-���7e1 -- -- .. Tel —_ Tel 1 IE=339.13 — N,S 361E=332.76 �� - Tel W el O t 6"w 16 ww - .. ----- -- _ 34 __ O GENERAL NOTES: b. 16 W 16 W - __�--- �� a LOCATE CB-1 I - N 16"W A THIS PLAN DEVELOPED FROM PLANS AND ELEVATIONS IN CITY FILES. 6"Sb-►— —36-.�6 — — — — _ _ _ 23' NORTH OF EX. CB CB-1 I NOT SURVEYED. LOCATIONS MAY VARY. 2"'SS — — — - — — — — — 6— ELEVATION CONVERTED TO NAVD N988 FROM O N ND ST. SD y REF: TI NC CONVERMONROTED AVE N 17'SS — 3+00 O — —— 1 12"S _ _I2"SS_ _ SSMH 5+00 RIM EL=342.5 ``\ 6+00 2 � < I O �I t 2'IE=33a.6 ----POSSIBLE 7+00 1 - _�_ MONROE AVE NE `��_COSSIBLELOCAIED LINES ANCHOR ONC I I m :n 3 '• DRAWING NOTES: TOC -FL "u.i - _� STREET LI .- QWEST m Tel ' '� - --v— _ 3 I I Q 0 CONTRACTOR SHALL INSTALL EROSION CONTROL. INCLUDING — v " - "+ FILTER FABRIC PROTECTION FOR DOWNSTREAM CATCHBASINS. EX CB TYPE 1 FENCE ALONG PL --�-- RIM EL=339.48 _ —' FENCE AI ONG PL - _ O2 TRENCH PATCH SHALL BE PER CITY DETAIL HR-23 TYPICAL E,W 8"IE=336.2 - - EX-CB-'TYPE-1---- PATCH FOR FLEXIBLE PAVEMENT PERPENDICULAR TO ROAD CL RIM-EC7-457 - -- --- --- --REM _- =34 O3 RESTORE CURB, GUTTER, SIDEWALK PER CITY DETAIL DRAWINGS. ��� - - ----- ----.-NEEDED-F�-CONSRR--- - -----I- ADJUST AS NEEDED TO MATCH EXISTING. _. - mazer'-oer-Past__, RESTORE DISTURBED AREA, FERTILIZING, SEEDING, MULCHING i -- - ._ — R 76 x Chevron Station — =-------- —__ — & SHRUBS.EB ACKB� OYERELOII�flE- McDonald's _ _ ���--_ Restaurant / -$R€EL1N€-ALnNr uaCF nF CI 11PF REMOVE TREES, IF NWATEREEDED / ALONG(TOED DITCH FOR PIPE ALIGNMENT / LOCATION, SIOZE, AP X ROCK APRON J WgTERs`ILIED DITCH, gppX _� O ' POSSIBLE BURIED ONES POTHOLE B"SS CALL TO LOCATE REMOVE FENCE AS NEEDED FOR CONSTRUCTION. b > BEFORE CONSTR. STREET LIGHTS, OWE REPLACE AT COMPLETION 350— POTHOLB:LOCATiON _.._._. . . .._. �. .....�_.... —350 o� BEFORE eoNsrR.(t) SCALE. HORIZ: 1 = 10 PROFILE ALONG NEW PIPE LINE F — z- 77 VERT: 1"= 10' D- ��®� 16 W FLANGE JOINT,ELBOW t�3 IE•335.i4.IE.335,10 —'34,Q y 340 - .......—0 SEE DETAIL _ DOWNSTREAM CB AT > NO MA NERY ALLOWED SLOP m CHI ALL � ON E McDONALDS RIM EL 339:48 EL 339.93 ' O 330 —330 12"SS : DEADMAN ANCHOR 103f LF 24'HOPE IE=334.4 25 FT FROM CL CB LAY PIPE ON TOP OF SLOPE TOP 335.5t EST SEE DETAIL (FROM FLANGE TO END, CB-1 TYPE 1, 72 : - CONFIRM LENGTH NEEDED IN FIELD) SFA 6+26 7.61 0 0.031 " q 320 SOLD COVER....._ _... __.. 45f LF 24'HDPE 0�0-FT/FT ... —320 RIM EL�46-t RIM 346.40 i(CB WALL To FLANGE,INCLUDING FITTINGS, HAND REMOVEBRU:3H, SMALL TREES,DEBRIS N,S 36"IE 332.3 CONFIRM LENGTH NEEDED IN FIELD): .ON SLOPE AS NEEDED TO INSTALL NEW PIPE W 24' IE'336A- W24" M6.50 PROVIDE MIN. 6" CLEARANCE BETWEEN EX. 12 SS AND NEW 310 _ STORM PIPE. _.... ..... .. CONTRACTOR TO CONFIRM EX. :PLACE ETHAFOAM PADDING STORM PIPE TYPE AND ELEVATION. !BETWEEN PIPES (6 INCHES+) PIPE:ANCHOR SADDLE EX.STORM PIPE WITH NEW �12 AFT FROM END CB AND REMOVED STORM PIPE SEE(DETAIL 300 IN NEW CB. —300 END OF PIPE STA.6;26,138'R APPX f� EL 28"284.86 2.70— ....._ -:RoOC APRON O TOUMA ENGINEERS Y. 29 AS -BUILT �GI aU APPX PE 89470 PLANS EXP EXPIRES:STAMPED 6/22/09BY: V V `� MOUNIP. H. TOLIMA ON:11/27/07 EX DITCH CHECKED FOR COMPLIANCE RECOMMENDED ADDEd AS-BUILT INFORMATION DWC 1-15 08 ""`� +. fir, 8/9/2007 TO CITY STANDARDSAs Noted n© CITY OF FOR APPROVAL -7` ,g�®may owc � MONROE AVE NE STORM SYSTEM Richard W. Marshall 8/10 07 Daniei Carey 8/10/07 RENTON Date BY °W° I I DnruM OVERFLOW PROJECT Ronald J. Straka Date 8/10 7 BY owa"rL rwa sv�sm er. a S,Dwc �"'I Planning/Building/Public Works Dept. �1 xvwn u smvtA ace/toM re. . Date rc pnm aelPaes m/n/m N0. REVISION BY DATE APPR au5 x �2 G as:a-a33ao( D- 2330