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HomeMy WebLinkAboutSWP272083(4) FILL CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM 29 4 DATE: January 26, 1993 JAN 24 1993 TO: Gregg Zimmer ann Cln' OF PEN-FOW Engineering Dyor FROM: Carol Hensle SUBJECT: CAG-93-007, Jet Vista Apartments storm drainage improvements (Agreement with Robert Shiffer) The attached original document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. An original document is also retained by the City Clerk. Thank you and have a nice day. Enclosures: (1) CAG-93-007 AGREEMENT BETWEEN TAX LOT NUMBER 214480-0863 PROPERTY OWNER ROBERT SHIFFER and THE CITY OF RENTON for REPLACEMENT OF STORM SYSTEM The agreement, made and entered into this 1-5 day of f44. 1991-5 by and between the City of Renton, Washington, a municipal corporation of the State of Washington and the property Owner of Tax Lot Number 214480-0863, Robert Shiffer. WHEREAS, the property Owner of Tax Lot Number 214480-0863, Robert Shiffer is planning a stormwater drainage project to replace two privately-owned 24-inch diameter stormwater drainage pipes on his property. WHEREAS, the two 24-inch diameter pipes cross into the City of Renton right-of- way under Taylor Avenue NW, and connect to the City stormwater drainage systems; WHEREAS, the existing inlet structure to the two 24-inch stormwater drainage pipes clogged during the November 24, 1990 storm, resulting in stormwater overflowing the Owner's property, crossing Taylor Avenue, and flooding the intersection of Rainier Avenue and Renton Avenue; NOW THEREFORE, in consideration of the mutual covenants herein it is agreed as follows: Section 1: Purpose and Scope The scope of this Agreement is the reconstruction of storm drainage facilities, including design, plans, pipes, appurtenances and materials from the existing inlet on Tax Lot Number 214480-0876, property Owner Raymond Rosa, to connect to the existing storm drainage system on Tax Lot Number 214480-0855, property Owner Renton Assembly of God. The subject storm drainage facilities, hereinafter called "the project", are shown on Exhibit "A". Section 2: Effective Date of Agreement This Agreement shall be entered into by Robert Shiffer prior to the design and construction of the storm drainage project. Section 3: Term of Agreement This agreement shall remain in full force and effect and be binding on both parties hereto. The agreement shall terminate after the storm drainage project is accepted by the City and the one-year monitoring/maintenance period is completed. Acceptance of the project by the City occurs upon the completion of all of the following items: a) As-built drawings are submitted by the Owner and are approved by the City. b) Owner provides a Cost Data Inventory for the constructed project. C) Owner provides a Bill of Sale turning the project over to the City. d) The easements for the project are revised, if necessary, to reflect changes that occurred during construction and are recorded. e) Owner, or Owner's contractor, posts a one-year performance bond for 10% of the total cost of the Owner's portion of the project, based on the Cost Data Inventory. Section 4: Design, Construction, Construction Management and Construction Schedule The following sections identify the responsibilities of each party and the tasks required to accomplish this project. Robert Shiffer is referred to as "Owner", and the City of Renton is referred to as "City". OWNERS RESPONSIBILITIES AND TASKS CONSTRUCTION LIMITS 1 . Owner shall be responsible for constructing the project, at Owner's cost, from the proposed inlet structure, located on the Robert Rosa property to the eastern property boundary of the Jet Vista Apartments, but not including the manhole located at or near the eastern boundary (see Exhibit A). This portion will hereinafter be referred to as "the Owner's portion". DESIGN 1. Owner shall provide complete engineering design and construction plans for the entire project at Owner's cost, from the inlet to the end point in the Agreement between Tax Lot Number 2 1 4480-08 6 3 Property Owner, Robert Shiffer and the City of Renton Page 2 church parking lot, including any structures or features needed to connect the project to the existing storm drainage system. 2. Owner will be responsible for identifying and relocating any private utilities in the Owners portion of the project. The City will be responsible for identifying and relocating any private utilities in its portion of the project. Owner shall be responsible for showing the utilities for both portions of the project in the design and on the construction plans. 3. Owner shall revise the project design and construction plans per City Surface Water Utility review comments, and will meet the requirements of the City drafting and design standards. Since the project will become part of the City stormwater drainage system the plans shall meet the drafting standards for plan sheet size, title block, and other applicable items. 4. Owner shall provide mylars of the approved final construction plans for inclusion in the City files. PERMITS 1. Owner shall obtain a Construction Permit from the City for the Owner's portion of the project and will pay inspection fees and other applicable fees. Owner shall use a contractor with a City of Renton business license, and shall provide a construction cost estimate for the Owner's portion of the project (may be lump sum estimate). A bond must be posted for any work in the City right-of-way. 2. Owner will provide assistance to City with the permit applications that the City prepares (i.e. SEPA Checklist, Hydraulic Permit), if needed. 3. City will identify other permits that may be needed for the project (i.e. SEPA Checklist, Hydraulic Permit). City will prepare and pay for all permit applications and fees ( except Owner's Construction Permit ) and will provide follow-up to obtain permits. Owner will provide assistance to the City, if needed. EASEMENTS 1. Owner shall contact the property Owner of Tax Lot Number 2 1 448 0-0 8 6 5, to the south of his site, to obtain a construction easement and a permanent utility easement (dedicated to the City). Owner shall be responsible for meeting any conditions and compensation that the south property Owner may require. The utility easement must be drawn up on a City of Renton easement form. 2. Owner shall grant a permanent utility easement to the City for the section of the project on the Owner's property. Owner shall prepare all easement documents for the project. Owner shall submit the draft documents to the City for review and approval prior to obtaining the final signed documents. Agreement between Tax Lot Number 214480-0863 Property Owner, Robert Shiffer and the City of Renton Page 3 3. The permanent utility easement shall be 15 feet wide, with the pipe centerline located 2.5 feet from the easement centerline on the side away from the Jet Vista Apartment building. 4. Before the Owner proceeds with design, permit application and actions to be taken in Paragraphs 1 , 2, and 3 immediately above regarding easements, the City shall reach an acceptable easement agreement with the Owner of Tax Lot Number 21 4480-08 7 6, on the west side. If the City is not able to reach an acceptable easement agreement with the Owner of Tax Lot Number 2 1 4480-08 7 6, the City shall immediately notify the Owner in writing, and this agreement shall then be modified by mutual written agreement of the parties within 45 days of the date of notice to the Owner by the City. If the parties are unable to reach an agreement within this period of time, this Agreement shall be null and void. BIDS 1 . Owner and City shall enter into contracts for the construction of their portions of the project separately. 2. Owner shall provide one set of mylar construction plans to the City for use in the bidding process and for construction of the City's portion of the project. CONSTRUCTION 1 . Owner's portion of the project shall be constructed first. Owner and City shall coordinate the construction schedule so that when the contractor for one section of the project is finished the contractor for the next section may begin. The City shall commence construction of its portion of the project not later than 10 days after completion of construction of the Owner's portion of the project. The Owner's portion of the project shall be deemed complete upon acceptance of the Owner's portion of the project as defined in Section 3 of this agreement. City agrees to avoid blocking the entrance to the Jet Vista Apartments on Taylor Avenue for more than five working days. However, both parties acknowledge that due to circumstances beyond the City's control, the entrance could be blocked for over five working days. 2. Owner shall include provisions in the plans to keep the existing drainage system functional until the replacement system is complete and is accepted by the City. 3. Owner may, at the Owner's cost, have his engineer present for inspection and consultation during the construction of the City's portion of the project. Primary and final authority for construction management and inspection of the City portion shall remain with the City. Any communication made by the Owner's engineer during construction of the City's portion of the project shall be made to the City's construction inspector, not to the City's contractor. Agreement between Tax Lot Number 21 4480-08 6 3 Property Owner, Robert Shiffer and the City of Renton Page 4 AS-BUILT DOCUMENTATION 1 . Owner shall record as-built information during construction of the Owner's portion of the project. 2. Owner shall make appropriate changes on the project mylar drawings for the Owner's portion of the project at the end of construction prior to acceptance by the City, and shall submit these mylars to the City marked "as-builts", and stamped by a P.E. or L.P.S. MAINTENANCE 1 . Owner shall transfer ownership of his section of the project to the City by providing a bill of sale (the City will provide the form) prior to acceptance by the City. 2. Owner, through its contractor, shall provide a maintenance bond in the amount of 10 percent of the construction cost for the Owner's portion of the project for a period of one year, after the Owner's portion is accepted by the City. The bond is for repair of any portion of his section that may have a construction fault or failure within the first year of operation. The bond does not relieve the Owner of the responsibility for making any repairs needed during that time period. If the Owner does not repair the system failure, the City will use the bond to make any necessary repairs. CITY'S RESPONSIBILITIES AND TASKS CONSTRUCTION LIMITS 1 . City shall be responsible for constructing the project from and including the manhole located at or near the eastern property boundary of the Jet Vista Apartments, across Taylor Avenue, and connecting into the existing storm drainage system in the church parking lot. DESIGN 1 . City Surface Water Utility shall provide design comments and guidance to the Owner for the City portion of the project, and will coordinate with the plan review comments, so that multiple plan reviews are not needed for approval of the project. 2. City will be responsible for identifying and relocating any private utilities on the City's portion of the project. Agreement between Tax Lot Number 21 4480-08 6 3 Property Owner, Robert Shiffer and the City of Renton Page 5 PERMITS 1 . City shall fill out an abbreviated environmental checklist for this project and submit this to the City's current planning section for consideration as a SEPA exempt project. 2. City will identify other permits that may be needed for the project (i.e. SEPA Checklist, Hydraulic Permit). City will prepare all other permit applications and will provide follow-up to obtain permits. Owner will provide assistance to the City, if needed. 3. City shall produce a traffic control plan for the entire project. EASEMENTS 1 . City shall review the easement documents provided by the Owner for the project and provide comments for preparing final documents. City shall record all final easement documents. 2. City shall contact the Owner of Tax Lot Number 214480-0876, the property west of the Jet Vista Apartments, to obtain a construction easement (granted to the Owner) and permanent utility easement (granted to the City). BIDS 1 . Owner and City shall enter into contracts for the construction of their portions of the project separately. CONSTRUCTION 1. Owner and City shall coordinate the construction schedule so that when the contractor for one section of the project is finished the contractor for the next section may begin. 2. Primary and final authority for construction management and inspection of the City portion of the project will remain with the City. AS-BUILT DOCUMENTATION 1. City shall review and approve the as-built documentation provided by the Owner for the Owner's portion of the project. 2. City will be responsible for preparing as-built plans for its portion of the project. MAINTENANCE 1. City shall assume maintenance and repair responsibility of the Owner's portion of the project after the project is accepted by the City. Agreement between Tax Lot Number 214480-0863 Property Owner, Robert Shiffer and the City of Renton Page 6 Section 5: Funding of the Project The property Owner of the Tax Lot Number 2 1 4480-08 63, Robert Shiffer, or his heirs or assigns, shall be responsible to prepare all engineering design and construction plans for the entire project, and as-built documentation and plans for the Owner's portion of the project. The property Owner of the Tax Lot Number 214480-0863, Robert Shiffer, or his heirs or assigns, shall be responsible for all construction costs for the Owner's portion of the project, and for all other costs associated with the Owner's responsibilities and task as described in this agreement. The City of Renton shall be responsible for all construction costs for the City's portion of the project, and for all other costs associated with its responsibilities and tasks as described in this agreement. Section 6: Termination This agreement may be terminated by the City of Renton if the property Owner of Tax Lot Number 214480-0863, Robert Shiffer, or his heirs and assigns, decides not to, or fails to complete the engineering design, construction plans, or construction of the owners portion of the storm drainage project. Section 7: Coordination and Project Management Assignment The City's representative for this project is: Ron Straka, Engineering Supervisor Surface Water Utility City of Renton 200 Mill Avenue South , 4th Floor Renton, WA 98055 The representative of the property Owner of Tax Lot Number 214480-0863, Robert Shiffer, is: Section 8: Project Audit and Project Acceptance City shall accept the Owner's portion of the project after all the items needed for acceptance, as defined in Section 3 of this agreement, are submitted by the Owner, and are reviewed and approved by the City. The performance bond will be released upon successful completion of the one year monitoring/maintenance period. Agreement between Tax Lot Number 21 448 0-0 8 6 3 Property Owner, Robert Shiffer and the City of Renton Page 7 Section 9: Amendments Any amendments or modifications to this Agreement shall be made in writing and signed by the parties hereto, and neither the City nor the Owner of Tax Lot Number 214480-0863, Robert Shiffer, shall be bound by verbal or implied agreements made by any official, agent, or representative of either the City or the property owners of Tax Lot Number 214480-0863. Section 10: Waiver No waiver by either party of any term or condition of this Agreement shall be deemed or constructed as a waiver of any other term or condition. No waiver shall materially effect the terms of this agreement unless the waiver is in writing, and is signed by both parties of the agreement. This Agreement authorized by the City Cougc7 n �u4Gti 9 1992. v Marilyn J. e rsen, City Clerk Approved by the Mayor on trEalym�&Ma y of yor Approved as to form: Lawrence J. Warren, tity Attorney Approved by the Owner(s) of Tax Lot Number 214480-0863, Robert Shiffer on J�N day of 115 1990.3 Xr r- Name and Title C:DOCS:92-624:RJS:D W C:ps Attachment Agreement between Tax Lot Number 21 448 0-08 6 3 Property Owner, Robert Shiffer and the City of Renton Page 8 Tax Lot Number 214480-0855 130' Church Parking Lot TAYLOR AVE. Existing Tax Lot Number Tax Lot Number Vault New 214480-0876 214480-0863 I' — Manhole 90' ge / �Q\Q JET VISTA APARTMENTS New µ O Manhole 90 New Inlet New 42-Inch PIPe G� Structure / OWNERS PORTION Existing Stream In Ravine Tax Lot Number NORTH z14480-0865 EXHIBIT A CITY OF RENTON D. Carey 8/07/92 CITY OF RENTON MEMORANDUM DATE: May 28, 1993 TO: Marilyn Petersen FROM: Ron Straka jvn R5 STAFF CONTACT: Dan Carey (x-6193) SUBJECT: AMENDMENT NO. 1 TO AGREEMENT WITH ROBERT SHIFFER - JET VISTA APARTMENTS/TAYLOR AVENUE NW STORM SYSTEM REPLACEMENT PROJECT (CAG-93-035) Attached please find two copies of Amendment No. 1 to the Agreement between the City and the owner of the Jet Vista Apartment for the construction of the replacement storm system (CAG-93-035). The Amendment has been signed by Mr. Shiffer, owner of the Jet Vista Apartments. The purpose of the amendment is to change the agreement and allow the City portion of the project to be constructed before the private portion. This change will make the project easier to construct by starting at the downstream end of the pipeline, and since the same contractor will be constructing the City's portion and the private portion of the project. The City interest will be protected by requiring the private owner to establish a "Set Aside" account or Irrevocable Letter of Credit for his portion of the project. The amendment has been reviewed and approved by the City Attorney (see attached memo). Please forward the amendment to the Mayor for signature so we can proceed with the project. Please return one original copy of the amendment following execution by the Mayor to Dan Carey for transmittal to Mr. Shiffer. Thank you. C:DOCS:93-517:D W C:ps Attachments CITY OF RENTON =LL Office of the City Attorney ` Earl Clymer, r Lawrence J. Warren MA , CITY OF RENT pt. RECEIVED .5�-v�9,j Engineering Dept. PUBLIC WORKS DEPT. MEMORANDUM CITY OF RENTON To: Lynn Guttmann, Public Works Administrator From: Lawrence J. Warren, City Attorney Staff Contact: Daniel Carey Date: May 19, 1993 Subject: Amendment No. 1 to Agreement with Robert Shiffer - Jet Vista Storm System Replacement Project I have reviewed the above-referenced document and the same is approved as to legal form. Lawrence J. Warren LJW:as. cc: Mayor Earl Clymer A8:98:19. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 AMENDMENT No. 1 To The AGREEMENT BETWEEN TAX LOT NUMBER 214480-0863 PROPERTY OWNER ROBERT SHIFFER and THE CITY OF RENTON for REPLACEMENT OF STORM SYSTEM The "Agreement between Tax Lot Number 214480-0863 Property Owner Robert Shiffer and the City Of Renton for Replacement of Storm System" dated January 15, 1993, signed by Robert Shiffer on January 15, 1993, and signed by the Mayor on January 25, 1993 shall be modified as follows: Section 4, OWNERS RESPONSIBILITIES AND TASKS , CONSTRUCTION 1. Change the following sentences in this section to read as follows: "Owner's portion of the project shall be constructed first unless otherwise approved in writing by the City in a written agreement signed by both parties." "The City, or Owner, shall commence construction of its portion of the project not less than 10 days after completion of construction of the f= portion of the project." NEW PROVISIONS TO THE AGREEMENT 1 . The City will construct it's portion of the project first, before the Owner's portion. 2. a. The Owner shall establish a "Set Aside" account or Irrevocable Letter of Credit with a bank in the amount of $59,363, or the awarded bid price, in the City's favor. The Owner shall supply a copy of the contract showing the awarded bid price if the account or Letter of Credit is established for that amount. b. The account may be drawn only by the City. C. The account shall be established within fourteen (14) days of the Mayor's signature. Amendment No. 1 - Robert Shiffer and the City of Renton Page 2 d. The "Set Aside" account or Letter of Credit will be released by the City after construction of the Owner's portion of the project is completed, and the project is accepted by the City as defined in Section 3 of the Agreement. 3. If the Owner does not establish a "Set Aside" account or Irrevocable Letter of Credit to the satisfaction of the City within fourteen (14) days of the Mayor's signature, this modification shall be void and the Owner shall be required to construct his portion of the project first. Approved by the Mayor on this day of 1993 Earl Clymer, Mayor Approved as to form: Lawrence J. Warren, City Attorney Approved by the Owner(s) of Tax Lot Number 214480-0863, Robert Shiffer on this day of 17W 1993 Robert Sbiffer, Owner C:DOCS:93-474a:DWC:ps t$ �- CITY OF RENTON "LL Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator February 17, 1993 Mr. Dan Knoke Primo Construction P.O. Box 1484 Renton, WA 98057-1484 SUBJECT: JET VISTA PROJECT - AGREEMENT WITH ROBERT SHIFFER Dear Mr. Knoke: Enclosed is the original signed agreement between you and Mr. Robert Shiffer that you negotiated in exchange for granting the utility easement on your property. We are returning the document to you for recording with King County since the agreement does not involve the City, and states that it amends the existing driveway easements recorded with King County (Recording Numbers 6304340 and 6314403). After you have the document recorded, we would appreciate a copy with the recording numbers on it for our files. Sincerely, Daniel Carey Civil Engineer - Surface Water Utility C:D0CS:93-150:DW C:ps CC: Ron Straka Robert Shiffer Enclosures 200 Mill Avenue South - Renton, Washington 98055 f._ 1 l AGREEMENT THIS AGREEMENT is made and entered into this f 5 day of January, 1993, by and between ROBERT SHIFFER, hereinafter referred to as "Shiffer" and DANIEL R. KNOKE and CAROLYN BLACKLER-KNOKE, husband and wife, hereinafter referred to as "Knoke". RECITALS: A. Shiffer warrants that he is the owner of the following described real estate situated in King County, State of Washington: The north 80 feet of that portion of Tracts 3 and 4, Block 30, Earlington Acre Tracts, according to the plat thereof recorded in Volume 15 of Plats, page 84, in King County, Washington, lying northerly of Renton Avenue Extension; EXCEPT that portion thereof conveyed to King County for road purposes by deeds recorded under recording numbers 693631 and 6360768, which is Tax Lot No. 2 1 4480-08 6 3, and which is hereinafter referred to as the "Shiffer Property". B. Knoke warrants that he is the owner of the following described real estate situated in King County, State of Washington, legally described as follows: That portion of Tracts 3 and 4, Block 30, Earlington Acre Tracts, according to the plat thereof recorded in Volume 15 of Plats, page 84, in King County, Washington, lying northerly of Renton Avenue Extension; EXCEPT that portion thereof conveyed to King County for road purposes by deeds recorded under recording numbers 693631 and 6360768; AND EXCEPT the north 80 feet thereof which is Tax Lot No. 214480-0865, and which is hereinafter referred to as the "Knoke Property". C. The Knoke Property is immediately to the south of the Shiffer Property. D. Shiffer desires Knoke to execute a utilities easement in favor of the City of Renton to allow the installation of storm drainage facilities (hereinafter called the "Project") along the southerly portion of the Shiffer Property. Knoke has agreed to do so on the form attached hereto as Exhibit "A" and incorporated herein by this reference, on the following terms and conditions, which are agreeable to Shiffer. Shiffer/Knoke Agreement Page 1 of 3 i k IT IS THEREFORE AGREED AS FOLLOWS: 1. There are presently three property stakes marking the boundary between the Shiffer Property and the Knoke Property. After the completion of the Project, those stakes will be reinstalled by a licensed surveyor at no expense to Knoke. 2. Following the completion of the Project, the grade of the northerly portion of the Knoke Property will be restored to the northerly and westerly boundaries of the Knoke Property to match the existing grade of the parking lot on the Shiffer Property, and shall be permanently stabilized at that grade, at no cost to Knoke. 3. Shiffer will design and construct the storm drainage facilities so that the facilities are not located on the Knoke Property. Shiffer will require his contractor to maintain a pedestrian access way clear of all construction equipment and debris from Taylor Avenue to the west, along the north side of the buildings on the Knoke Property. The pedestrian access way will be at least five feet wide along its entire length. 4. The existing driveway easement runs along the south ten feet of the Shiffer Property and along the north ten feet of the Knoke Property, from the easterly boundary line to the westerly boundary line of both properties. There is an existing parking space at the westerly edge of that driveway easement on the Knoke Property. That parking space may be used by Knoke for purposes of parking a vehicle or boat, and may not be used by Shiffer. 5. Knoke agrees to execute a utilities easement in the form attached hereto, consisting of a five-foot wide easement along the northerly edge of the Knoke Property, beginning at the westerly boundary of that property and ending at the easterly boundary. 6. The provisions hereof shall amend the existing driveway easement recorded under Recording numbers 6304340 and 6314403. This agreement is binding on the parties hereto and on their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first written above. R HIFFER� y DAINAIE�L�R.. KNOKE f ff 'e C.� 2�� CAROLY BLACKLER-KNOKE Shiffer/Knoke Agreement Page 2 of 3 F STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day, ROBERT SHIFFER personally appeared before me, known to me to be the ca"on.W,�o executed the within document, and declared that he executed the sa *W501�r %e and voluntary act for the purposes therein described. ; I hfs F day of 1993. �Fl t o 4fg,ez. ��.• NO Y PUBLIC in and fo�theState of �'RFOF'µP•` Washington, residing at mp►► My appointment expires I STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day, DANIEL R. KNOKE personally appeared before me, known to me to b son-who executed the within document, and declared that he executed the wn free and voluntary act for the purposes therein described. Noar�► is/4fa day of _, 1993. b P_ NO RY PUBLIC in and for he State of Washington, residing at so My appointment expires STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day, CAROLYN BLACKLER-KNOKE personally appeared before me, known to ►r�R►mFbge�he person who executed the within document, and declared that she exeGdtS1p� as her own free and voluntary act for the purposes therein descril;Brb�� ;o ? Dq`fED� y of FHB 1993. Pu&iC ' ,,p90�c�4V11Sµr1 `•` N ARY PUBLIC in and for the State of Washington, residing atin� My appointment expires ¢ C:D OCS:93-038:D W C:ps Shiffer/Knoke Agreement Page 3 of 3 AGREEMENT THIS AGREEMENT is made and entered into this >S day of January, 1993, by and between ROBERT SNIFFER, hereinafter referred to as "Shiffer" and DANIEL R. KNOKE and CAROLYN BLACKLER-KNOKE, husband and wife, hereinafter referred to as "Knoke". RECITALS: A. Shiffer warrants that he is the owner of the following described real estate situated in King County, State of Washington: The north 80 feet of that portion of Tracts 3 and 4, Block 30, Earlington Acre Tracts, according to the plat thereof recorded in Volume 15 of Plats, page 84, in King County, Washington, lying northerly of Renton Avenue Extension; EXCEPT that portion thereof conveyed to King County for road purposes by deeds recorded under recording numbers 693631 and 6360768, which is Tax Lot No. 214480-0863, and which is hereinafter referred to as the "Shiffer Property". B. Knoke warrants that he is the owner of the following described real estate situated in King County, State of Washington, legally described as follows: That portion of Tracts 3 and 4, Block 30, Earlington Acre Tracts, according to the plat thereof recorded in Volume 15 of Plats, page 84, in King County, Washington, lying northerly of Renton Avenue Extension; EXCEPT that portion thereof conveyed to King County for road purposes by deeds recorded under recording numbers 693631 and 6360768; AND EXCEPT the north 80 feet thereof which is Tax Lot No. 214480-0865, and which is hereinafter referred to as the "Knoke Property". C. The Knoke Property is immediately to the south of the Shiffer Property. D. Shiffer desires Knoke to execute a utilities easement in favor of the City of Renton to allow the installation of storm drainage facilities (hereinafter called the "Project") along the southerly portion of the Shiffer Property. Knoke has agreed to do so on the form attached hereto as Exhibit "A" and incorporated herein by this reference, on the following terms and conditions, which are agreeable to Shiffer. Shiffer/Knoke Agreement Page 1 of 3 IT IS THEREFORE AGREED AS FOLLOWS: 1 . There are presently three property stakes marking the boundary between the Shiffer Property and the Knoke Property. After the completion of the Project, those stakes will be reinstalled by a licensed surveyor at no expense to Knoke. 2. Following the completion of the Project, the grade of the northerly portion of the Knoke Property will be restored to the northerly and westerly boundaries of the Knoke Property to match the existing grade of the parking lot on the Shiffer Property, and shall be permanently stabilized at that grade, at no cost to Knoke. 3. Shiffer will design and construct the storm drainage facilities so that the facilities are not located on the Knoke Property. Shiffer will require his contractor to maintain a pedestrian access way clear of all construction equipment and debris from Taylor Avenue to the west, along the north side of the buildings on the Knoke Property. The pedestrian access way will be at least five feet wide along its entire length. 4. The existing driveway easement runs along the south ten feet of the Shiffer Property and along the north ten feet of the Knoke Property, from the easterly boundary line to the westerly boundary line of both properties. There is an existing parking space at the westerly edge of that driveway easement on the Knoke Property. That parking space may be used by Knoke for purposes of parking a vehicle or boat, and may not be used by Shiffer. 5. Knoke agrees to execute a utilities easement in the form attached hereto, consisting of a five-foot wide easement along the northerly edge of the Knoke Property, beginning at the westerly boundary of that property and ending at the easterly boundary. 6. The provisions hereof shall amend the existing driveway easement recorded under Recording numbers 6304340 and 6314403. This agreement is binding on the parties hereto and on their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first written above. R HIFFER/� � l C D NIEL R. KNOKE CAROLY BLACKLER-KNOKE Shiffer/Knoke Agreement Page 2 of 3 STATE OF WASHINGTON } ss COUNTY OF KING ) On this day, ROBERT SNIFFER personally appeared before me, known to me to be the pestln ry;io executed the within document, and declared that he executed the sa rw§0�1Fge and voluntary act for the purposes therein described. T El (� Zta ffi day of /J 1993. �i.•yt?,�• NO Y PUBLIC in and for the State of � �. Washington, residing at 'hE Of ;. My appointment expires ) STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day, DANIEL R. KNOKE personally appeared before me, known to me to b son-who executed the within document, and declared that he executed the wn free and voluntary act for the purposes therein described. �O is ZFd day of �—, 1993. Q NO • F�-ARY PUBLIC in and for -he State of � Washington, residing at;yA's My appointment expires STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day, CAROLYN BLACKLER-KNOKE personally appeared before me, known to T0%ftwh4�jhe person who executed the within document, and declared that she exeodl Uec.s��4ip. as her own free and voluntary act for the purposes therein descri �� �s'sioN�.F� ��� 2 . 0 50.�n D{}TED YI dey of F&8 1993. PUBLIC P C ' 2�� B OR a^' p1o`,, NOY PUBLIC in e he State of WAS **4,11 11811% Washington, residing at e My appointment expires ¢ C:D OCS:93.038:D W C:ps Shiffer/Knoke Agreement Page 3 of 3