Loading...
HomeMy WebLinkAboutSWP273046(7)Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20040414000080 CITY OF RENTON EAS 26.00 PAGE001 OF 008 04/14/2004 08:53 KING COUNTY. WA Title: ACCESS EASEMENT Property Tax Parcel Number: 212305-9068 Project File #: LND95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk I Condominium Owners 1. City of Renton, a Municipal Corporation Association Additional legal is on Exhibit `A' of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. EXCISE TAX NOT REQUIRED King: nit ReCOA Divis m BY• C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp514\dvo4F d_vm ktmp\Shadow Hawk - Access Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of the appraised value, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee and for use on behalf of the Grantee by the United States, its representatives, agents and contractors a perpetual and nonexclusive easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines. Grantee shall be responsible for maintaining any improvements, including but not limited to roadways, that it has constructed within the Easement Area. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. Grantee agrees that all activities performed by it within the Property shall be performed diligently and continuously to conclusion in a good, workmanlike, and lien free manner and in compliance with all applicable laws, rules, regulations, orders, and ordinances of the city, county, state, and federal governments, or any department or agency of any of them, affecting use of the Properties. 2. Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 3. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 4. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 5. Grantee shall release, indemnify and promise to defend Grantor and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including cost and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts, or omissions of Grantee or the servants, agents, employees, contractors, and invitees of Grantee in the exercise of the rights granted herein; provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of the death or bodily injury to persons or damages to property caused by or resulting from the gross negligence or intentional bad acts of Grantor, or its agents or employees. Solely for the purpose of effectuating Grantor's indemnification obligations under this Agreement, and not for the benefit of any third parties (including but not limited to employees of either party), each party specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Furthermore, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. The parties acknowledge that the foregoing provisions of this Section have been specifically and mutually, negotiated between the parties. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ZLr 'day of " 2004. SHADOW HAWK I CONDONUN UM OWNERS ASSOCIATION Bryan Whit , Its Cd esident T Jamed, Its Ca 1/Dn IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that _ A ��i `ttr signed this instrument, on oath \C-) ........ t' i stated that the was/were authorized to execute the instrument and lO/1/acknowledged itas e C r,- �ykgA; and Co- hA of %FdowwaG-T C-rd o. #ate v, to be the free and voluntary act of such p 140TAY 9r ; rj party/parties for the uses and purposes mentioned in the instrument. co PUBLIC ' itollc,�j 9 _g_pQ ? ' Notary Public iA and for the State of Washington � \ \O ,WASO`' Notary (Print) My appointment expires: ",Cl - a -( Dated: -z-'"•.' CORPORATE FORM OFACK NOKZEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Exhibit A That portion of Lot 1 of City of Renton Short Plat No. LUA-01-064-SHPL filed under Recording Number 200112129000014 in Volume 149 of Surveys, pages 142, 142A through 142E, inclusive, Records of King County, Washington, in Section 21, Township 23 north, Range 5 east of the W.M., referred to as the Kensington Crest Short Plat (Shadow Hawk), situate in the City of Renton, King County, Washington, Lying in 20.00 foot wide strips of land, 10.00 feet on both sides of the following described centerlines; Centerline Number 1: (existing asphalt road) COMMENCING at the northwest corner of Section 21, Township 23 north, Range 5 East, of the W.M.; thence South 00'41'17" West, a distance of 2577.38 feet to the west quarter section corner of said Section 21; thence North 53°24'16" East, a distance of 1669.88 feet to a point on the northerly margin of Southeast Royal Hills Drive and on the southerly line of said Lot 1; thence North 36°27'27" West, along said road margin, a distance of 27.54 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 27.47 feet along the curve concave to the southwest, having a radius of 316.94 feet and a central angle of 4°57'57" to the True Point of Beginning of easement centerline number 1; thence North 48°34'37" East, a distance of 14.68 feet to the beginning of a curve tangent to said line; thence northeasterly and northerly a distance of 90.96 feet along the curve concave to the northwest, having a radius of 100.00 feet and a central angle of 52006'56" to a point of compound curvature hereinafter known as Point "A"; thence northerly a distance of 2.79 feet along the arc of said curve concave to the west having a radius of 100.00 feet and a central angle of 1 °35'48'; thence North 05°08'07" West tangent to said curve, a distance of 149.47 feet to the beginning of a curve tangent to said line; thence northerly and northeasterly a distance of 246.75 feet along the curve concave to the southeast, having a radius of 210.00 feet and a central angle of 67'19'23"; thence North 62'11'16" East tangent to said curve, a distance of 162.19 feet to the beginning of a curve tangent to said line; thence northeasterly and easterly a distance of 105.10 feet along the curve concave to the south, having a radius of 210.00 feet and a central angle of 28040'27" to a point of reverse curvature; thence easterly and northeasterly a distance of 46.57 feet along the arc of said curve concave to the north having a radius of 70.00 feet and a central angle of 38°07'19" to a point of compound curvature hereinafter known as Point "B"; thence northeasterly and northerly a distance of 45.93 feet along the arc of said curve concave to the northwest having a radius of 70.00 feet and a central angle of 37035'54" to the edge of existing asphalt pavement and the terminus of Centerline Number 1. Centerline Number 2: (existing gravel road) BEGINNING at the above described Point "A"; thence along a curve, concave to the northwest, from which the radius point bears North 32055'04" West, northeasterly a distance of 71.54 feet, said curve having a radius of 353.26 feet and a central angle of 11'36'11", thence North 45028'45" East tangent to said curve, a distance of 45.02 feet to the beginning of a curve tangent to said line; thence northeasterly a distance of 55.02 feet along the curve concave to the southeast, having a radius of 150.98 feet and a central angle of 20°52'49"; thence North 66°21'34" East tangent to said curve, a distance of 67.63 feet to the beginning of a curve tangent to said line; thence northeasterly a distance of 101.77 feet along the curve concave to the northwest, having a radius of 201.53 feet and a central angle of 28°55'59"; thence North 37025'35" East tangent to said curve, a distance of 68.79 feet to the beginning of a curve tangent to said line; thence northeasterly and easterly a distance of 207.10 feet along the curve concave to the southeast, having a radius of 200.00 feet and a central angle of 59°19'52" to a point of compound curvature; thence easterly a distance of 44.67 feet along the arc of said curve concave to the south having a radius of 230.00 feet and a central angle of 11'07'38" to a point of compound curvature hereinafter known as Point "C"; thence easterly and southeasterly a distance of 167.82 feet along the arc of said curve concave to the southwest having a radius of 230.00 feet and a central angle of 41 °48'25" to a point of reverse curvature; thence southeasterly a distance of 90.55 feet along the arc of said curve concave to the northeast having a radius of 180.00 feet and a central angle of 28049'26" to a point of compound curvature; thence southeasterly and easterly a distance of 135.55 feet along the arc of said curve concave to the north having a radius of 321.80 feet and a central angle of 24°08'03"; thence South 83°15'58" East tangent to said curve, a distance of 59.58 feet to the beginning of a curve tangent to said line; thence easterly and southeasterly a distance of 91.00 feet along the curve concave to the south, having a radius of 168.03 feet and a central angle of 31 °01'44"; thence South 52°14'15" East tangent to said curve, a distance of 47.37 feet to the beginning of a curve tangent to said line; thence southeasterly and easterly a distance of 186.66 feet along the curve concave to the north, having a radius of 232.97 feet and a central angle of 45°54'24"; thence North 81 °51'21" East tangent to said curve, a distance of 78.10 feet to the beginning of a curve tangent to said line; thence easterly a distance of 141.94 feet along the curve concave to the south, having a radius of 291.52 feet and a central angle of 27053'50" to a point of compound curvature; thence easterly and southeasterly a distance of 122.85 feet along the arc of said curve concave to the southwest having a radius of 517.95 feet and a central angle of 13035'24"; thence South 56039'25" East tangent to said curve, a distance of 21.78 feet to the beginning of a curve tangent to said line; thence southeasterly and easterly a distance of 145.87 feet along the curve concave to the northeast, having a radius of 542.40 feet and a central angle of 15°24'33"; thence South 72003'59" East tangent to said curve, a distance of 100.99 feet to the beginning of a curve tangent to said line; thence easterly, southeasterly and southerly a distance of 145.55 feet along the curve concave to the southwest, having a radius of 133.62 feet and a central angle of 62024'45'; thence South 09039'14" East tangent to said curve, a distance of 65.69 feet to the beginning of a curve tangent to said line; thence southerly and southeasterly a distance of 70.98 feet along the curve concave to the northeast, having a radius of 79.82 feet and a central angle of 50°57'05" to a point on the westerly margin of the City of Seattle - Mercer Island pipeline right of way as Condemned in King County Superior Court Cause Number 486190 and the terminus of Centerline Number 2. Centerline Number 3: (existing gravel road) BEGINNING at the above described Point "B"; thence along a curve concave to the east from which the radius point bears South 37015'36" East, southwesterly, southerly and southeasterly a distance of 103.30 feet, said curve having a radius of 53.00 feet and a central angle of 111'40'21", to a point of compound curvature; thence southeasterly and easterly a distance of 128.85 feet along the arc of said curve concave to the northeast having a radius of 560.00 feet and a central angle of 13010'58'; thence South 72006'55" East tangent to said curve, a distance of 36.46 feet to the above described Point "C" and the terminus of Centerline Number 3. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. Aft-Avhmcmf A *N%-Unc- R/W Scale: 1 11 =300� City of Renton Access Easement, Centre 31w,, Dth #wallv sd-th r*Aqrw� U7, *,P- WOU.3, Poillte Surveying Page 7 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20040414000080 CITY OF RENTON EAS 26.00 PAGE001 OF 008 04/14/2004 08:53 KING COUNTY, WA Title: ACCESS EASEMENT Property Tax Parcel Number: 212305-9068 Project File #: LND95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk I Condominium Owners 1. City of Renton, a Municipal Corporation Association Additional legal is on Exhibit `A' of document. (Abbreviated legal description MUST go here) LEGAL DESCRIPTION: An access easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. EXCISE TAX NOT REQUIRED King my ReWA Division By DeR* C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp514\dve4F:$vmS4.tmp\Shadow Hawk - Access Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of the appraised value, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee and for use on behalf of the Grantee by the United States, its representatives, agents and contractors a perpetual and nonexclusive easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines. Grantee shall be responsible for maintaining any improvements, including but not limited to roadways, that it has constructed within the Easement Area. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. Grantee agrees that all activities performed by it within the Property shall be performed diligently and continuously to conclusion in a good, workmanlike, and lien free manner and in compliance with all applicable laws, rules, regulations, orders, and ordinances of the city, county, state, and federal governments, or any department or agency of any of them, affecting use of the Properties. 2. Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 3. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 4. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 5. Grantee shall release, indemnify and promise to defend Grantor and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including cost and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts, or omissions of Grantee or the servants, agents, employees, contractors, and invitees of Grantee in the exercise of the rights granted herein; provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of the death or bodily injury to persons or damages to property caused by or resulting from the gross negligence or intentional bad acts of Grantor, or its agents or employees. Solely for the purpose of effectuating Grantor's indemnification obligations under this Agreement, and not for the benefit of any third parties (including but not limited to employees of either party), each party specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Furthermore, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. The parties acknowledge that the foregoing provisions of this Section have been specifically and mutually negotiated between the parties. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this'IL;"day of "_ 2004. SHADOW HAWK I CONDOMINIUM OWNERS ASSOCIATION LIM Bryan Whit , Its C esident T James, Its Co- IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box m �:(\t4 A, ivz 'kk s o NOTAf�y m 14 j PUBLIO s' �>\\O ,WASO' REPRESENTATIVE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that &Y,,,,t� or signed ��this �instrument, on oath stated that the was/were authorized to execute the instrument and acknowledged it as a C„- Fy%Aj.AA and Cu - ��' J • a.�1 of WI \k-1. C,,y& e. Hai r, to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public iii and for the State of Washington Notary (Print) � Pc tk4c-� My appointment expires: CA -ct - o -1 Dated: 'Z`Z(�•.:y CORPORATE FORM OFACKNOR7EDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Exhibit A That portion of Lot 1 of City of Renton Short Plat No. LUA-01-064-SHPL filed under Recording Number 200112129000014 in Volume 149 of Surveys, pages 142, 142A through 142E, inclusive, Records of King County, Washington, in Section 21, Township 23 north, Range 5 east of the W.M., referred to as the Kensington Crest Short Plat (Shadow Hawk), situate in the City of Renton, King County, Washington, Lying in 20.00 foot wide strips of land, 10.00 feet on both sides of the following described centerlines; Centerline Number 1: (existing asphalt road) COMMENCING at the northwest corner of Section 21, Township 23 north, Range 5 East, of the W.M.; thence South 00041'17" West, a distance of 2577.38 feet to the west quarter section corner of said Section 21; thence North 53024'16" East, a distance of 1669.88 feet to a point on the northerly margin of Southeast Royal Hills Drive and on the southerly line of said Lot 1; thence North 36°27'27" West, along said road margin, a distance of 27.54 feet to the beginning of a curve tangent to said line; thence northwesterly a distance of 27.47 feet along the curve concave to the southwest, having a radius of 316.94 feet and a central angle of 4057'57" to the True Point of Beginning of easement centerline number 1; thence North 48°34'37" East, a distance of 14.68 feet to the beginning of a curve tangent to said line; thence northeasterly and northerly a distance of 90.96 feet along the curve concave to the northwest, having a radius of 100.00 feet and a central angle of 52°06'56" to a point of compound curvature hereinafter known as Point "A"; thence northerly a distance of 2.79 feet along the arc of said curve concave to the west having a radius of 100.00 feet and a central angle of 1 °35'48"; thence North 05008'07" West tangent to said curve, a distance of 149.47 feet to the beginning of a curve tangent to said line; thence northerly and northeasterly a distance of 246.75 feet along the curve concave to the southeast, having a radius of 210.00 feet and a central angle of 6719'23"; thence North 62°11'16" East tangent to said curve, a distance of 162.19 feet to the beginning of a curve tangent to said line; thence northeasterly and easterly a distance of 105.10 feet along the curve concave to the south, having a radius of 210.00 feet and a central angle of 28°40'27" to a point of reverse curvature; thence easterly and northeasterly a distance of 46.57 feet along the arc of said curve concave to the north having a radius of 70.00 feet and a central angle of 38007" 9" to a point of compound curvature hereinafter known as Point "B"; thence northeasterly and northerly a distance of 45.93 feet along the arc of said curve concave to the northwest having a radius of 70.00 feet and a central angle of 37°35'54" to the edge of existing asphalt pavement and the terminus of Centerline Number 1. Centerline Number 2: (existing gravel road) BEGINNING at the above described Point "A"; thence along a curve, concave to the northwest, from which the radius point bears North 32°55'04" West, northeasterly a distance of 71.54 feet, said curve having a radius of 353.26 feet and a central angle of 11'36'11"; thence North 45°28'45" East tangent to said curve, a distance of 45.02 feet to the beginning of a curve tangent to said line; thence northeasterly a distance of 55.02 feet along the curve concave to the southeast, having a radius of 150.98 feet and a central angle of 20°52'49"; thence North 66021'34" East tangent to said curve, a distance of 67.63 feet to the beginning of a curve tangent to said line; thence northeasterly a distance of 101.77 feet along the curve concave to the northwest, having a radius of 201.53 feet and a central angle of 28°55'59"; thence North 37025'35" East tangent to said curve, a distance of 68.79 feet to the beginning of a curve tangent to said line; thence northeasterly and easterly a distance of 207.10 feet along the curve concave to the southeast, having a radius of 200.00 feet and a central angle of 59°19'52" to a point of compound curvature; thence easterly a distance of 44.67 feet along the arc of said curve concave to the south having a radius of 230.00 feet and a central angle of 11'07'38" to a point of compound curvature hereinafter known as Point "C"; thence easterly and southeasterly a distance of 167.82 feet along the arc of said curve concave to the southwest having a radius of 230.00 feet and a central angle of 41 °48'25" to a point of reverse curvature; thence southeasterly a distance of 90.55 feet along the arc of said curve concave to the northeast having a radius of 180.00 feet and a central angle of 28049'26" to a point of compound curvature; thence southeasterly and easterly a distance of 135.55 feet along the arc of said curve concave to the north having a radius of 321.80 feet and a central angle of 24008'03"; thence South 83015'58" East tangent to said curve, a distance of 59.58 feet to the beginning of a curve tangent to said line; thence easterly and southeasterly a distance of 91.00 feet along the curve concave to the south, having a radius of 168.03 feet and a central angle of 31 °01'44"; thence South 52014'15" East tangent to said curve, a distance of 47.37 feet to the beginning of a curve tangent to said line; thence southeasterly and easterly a distance of 186.66 feet along the curve concave to the north, having a radius of 232.97 feet and a central angle of 45°54'24"; thence North 81 °51'21" East tangent to said curve, a distance of 78.10 feet to the beginning of a curve tangent to said line; thence easterly a distance of 141.94 feet along the curve concave to the south, having a radius of 291.52 feet and a central angle of 27053'50" to a point of compound curvature; thence easterly and southeasterly a distance of 122.85 feet along the arc of said curve concave to the southwest having a radius of 517.95 feet and a central angle of 13°35'24"; thence South 56°39'25" East tangent to said curve, a distance of 21.78 feet to the beginning of a curve tangent to said line; thence southeasterly and easterly a distance of 145.87 feet along the curve concave to the northeast, having a radius of 542.40 feet and a central angle of 15°24'33"; thence South 72003'59" East tangent to said curve, a distance of 100.99 feet to the beginning of a curve tangent to said line; thence easterly, southeasterly and southerly a distance of 145.55 feet along the curve concave to the southwest, having a radius of 133.62 feet and a central angle of 62°24'45"; thence South 09039'14" East tangent to said curve, a distance of 65.69 feet to the beginning of a curve tangent to said line; thence southerly and southeasterly a distance of 70.98 feet along the curve concave to the northeast, having a radius of 79.82 feet and a central angle of 50057'05" to a point on the westerly margin of the City of Seattle - Mercer Island pipeline right of way as Condemned in King County Superior Court Cause Number 486190 and the terminus of Centerline Number 2. Centerline Number 3: (existing gravel road) BEGINNING at the above described Point "B"; thence along a curve concave to the east from which the radius point bears South 37°15'36" East, southwesterly, southerly and southeasterly a distance of 103.30 feet, said curve having a radius of 53.00 feet and a central angle of 111'40'21 ", to a point of compound curvature; thence southeasterly and easterly a distance of 128.85 feet along the arc of said curve concave to the northeast having a radius of 560.00 feet and a central angle of 13°10'58"; thence South 72006'55" East tangent to said curve, a distance of 36.46 feet to the above described Point "C" and the terminus of Centerline Number 3. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. Scale: 1) ' 1 = 300r1r M cu l 0 4j Page 7 Attachment A CiLv of Renton Access Easement -2) 4p "Lvt, Centre Pointe Surveying Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS EASEMENT Property Tag Parcel Number: 212305-9068 Project File #: LND95-0043 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. The City of Seattle, Seattle Public Utilities Additional legal is on page 4 of document. (Abbreviated legal description MUSTgo here.) LEGAL DESCRIPTION: An access easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. utileaseb.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a perpetual and assignable easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land at the locations indicated in Schedule B) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20 utileaseb.doc\ Page 2 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and _ of to be the free and voluntary act of such party/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: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of , 20 , before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: utileaseb.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS EASEMENT Property Tax Parcel Number: 212305-9068 Project File #: LND95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Pagentry\utileasea.doc Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a perpetual and assignable easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20_ SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member Roger Nix, Its Division President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Pagentry\utileasea.doc Page 2 FORM 03 0013/bh/CA2-21-97 t0nn 54 UVU1 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: utileasea.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 CITY CLERK DIVISION MEMORANDUM DATE: April 14, 2004 TO: Ron Straka, Utilities/Surface Water FROM: �ebbie Evans, 425-430-6513 SUBJECT: WSDNR Aquatic Lands Easement for the Cedar River, Washington, Public Law 84-99, Restoration Project (Spawning Channel) RECEIVED APR 15 2004 CITY OF UriuTv SRS EMON The attached original documents have been fully executed by the City, and are being returned to you so that the State of Washington Department of Natural Resources can sign the easement. After this easement has been fully executed and recorded by King County, please forward an original to the City Clerk's office for our file. Thank you. Attachments CEDAR RIVER SPAWNING CHANNEL CI F.... REND 212305���9�`� � �l S a7 CITY OF RENTON 2123059070 60' SPU PIPELINE ------.. W ACCESS �EASEMENT PROPOS D AWNIN PROJ T CM(- 0��\�R EON 0 N 2 i 3b 'STATE DNR R RENEWABLE E A `ST TE'` -DMR`� D—� E R ARE E A 4 NS E T \ W m w �- z w ry �O 'w-�z v QWw cn I L � � w 0 N 0 CEDAR RIVER O O �+ oW V3�: o�o woo ow Li � Z U N Q w W > W Q 0 Q 3: W Rentonnet City Clerk Card File Page 1 of 1 Record 1 of 1 Title: EASEMENT, CITY OF SEATTLE/EAST SIDE SUPPLY LINE 2004 Effective Date: Mar 11, 2004 Date Entered: Apr 7, 2004 by User: Slombard Last Modified: Apr 29, 2004 by User: devans Scheduled Destruction Date: Destroyed Date: Narrative: ■ 3/11/2004 - Easement granted by the City of Seattle, Seattle Public Utilities, for access across a 60-foot wide City of Seattle East Side Supply Line right-of-way lying south of the Cedar River for access to the Cedar River Spawning Channel Project near Royal Hills Drive SE and Maple Valley Hwy (SR-169). ■ Rec #20040401000154 ■ See Also: CAG-04-050 Keywords: ■ E 20040401000154 ■ 20040401000154 E ■ SEATTLE CITY OF 2004 ■ SEATTLE PUBLIC UTILITIES EAST SIDE SUPPLY LINE 2004 ■ CEDAR RIVER SPAWNING CHANNEL 2004 ■ ROYAL HILLS DR SE 2004 ■ MAPLE VALLEY HY 2004 ■ SR-169 2004 Location: VAULT Category: http://rentonnet.org/intranet/CityClerkDept/CardFile/index.cfm?fuseaction=showdetail&REC=1 &ID=576... 5/12/2008 Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 I 20040401000154 SEATTLE PUBLIC EAS 25.00 KING COUNTY, UP Reference #s of Documents Released or Assigned Grantor: Grantee: Legal Description (abbreviated): Tax Parcel ID #: none CITY OF SEATTLE, a municipal corporation of the State of Washington CITY OF RENTON, a municipal corporation of the State of Washington Pt. of the W % of the NE Y of Sec. 21, T. 23 N., R. 5 E. W.M. Pt. of 212305-9040 EASEMENT AGREEMENT SPU # 371-610 THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this //f/I day of 111al-tk , 2004 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project"), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 GENERALTERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental Laws (as defined in section 10.13), including those governing, or in any way relating Page 2 to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in place of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not limited to: the Federal Clean Air Act; the Federal Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right -to - Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11. Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Page 3 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12. Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area. Page 4 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities Real Estate Services — WTR 710 Second Avenue — 101h Floor Seattle, Washington 98104-98055 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Seajtle By: CHUCK CLARKE, Director Seattle Public Utilities STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The Cit of Renton By: GREGG ZI M RM d inistrator Planning/B it ng/ ublic Works Department I certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 3 J1 (—a T ? AOTARr ? • puBL�b ZZ i�i�oF �WASN,``���� a -A= 6. IL 0 jx,�b Notary (print name) L_! Y f(_b & 6 T v-6 Notary Public in nd for the State of Washington, residing at D .1/ %� 11q My Appointment expires —l%LiG Page 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated:��°�`�1 1° c Notary (print namerL)f'_ 0 9 �' �OTARy N _ :, Notary Public in and for the State of Washington, Ln' PUBoc- residing at� 10_1 g.0�.. �jMy Appointment expires WAS Page 6 L 96Bd o LLJ 1 d luauzgoelld Return Address: �e,.. i,J,tt- �'1 20040511000808 KING COUNTY, A Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 6s.o4) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) I. �1GII.�LtTIC VYrj���J Ftwrye cr 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name,,first name, initials) 1. ve! 0yfLal'L 2. Additional names on page of document. Grantee(s� (Last name first, then first name and initials) 1• Ci, 4 C�in�er. 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) E Additional legal is on page 1� of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned Z i Z3 OS 900(0 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part gthe text of the original document. Signature of Requesting Party EXCISE TAX NOT REQUIRED g Co. Records DMsion Deputy STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT TABLE OF CONTENTS SECTION PAGE 1. GRANT AND LOCATION OF EASEMENT...............................................................1 1.1 Easement Property.................................................................1 1.2 Construction and Access..........................................................1 1.3 Right of Third Parties..............................................................1 1.4 Surveys, Maps, and Plans.........................................................1 2. PURPOSE OF EASEMENT...........................................................................................2 3. TERM.............................................................................................................................2 3.1 Term.................................................................................2 4. USE FEE......................................................................................................................2 4.1 Fee....................................................................................2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver.........................................................................2 5. NOTIFICATION OF ACTIVITIES........................................................................3 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS ..... 3 6.1 Grantee's Activities................................................................3 6.2 Restrictions on Use.................................................................3 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 i Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................4 9.1 Definition............................................................................4 9.2 Use of Hazardous Substances....................................................4 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......4 9.4 Notification and Reporting........................................................ 5 9.5 Indemnification.....................................................................6 9.6 Cleanup...............................................................................7 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights..............................................................8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...9 12.1 Existing Improvements............................................................9 12.2 Grantee -Owned Improvements...................................................9 12.3 Construction.........................................................................9 12.4 Performance Bond..................................................................9 12.5 As Built Survey................................................................... 10 12.6 Removal............................................................................10 12.7 Unauthorized Improvements.................................................... 10 13. INDEMNITY.........................................................................................................10 14. FINANCIAL SECURITY AND INSURANCE....................................................11 14.1 Financial Security ................................................................ 11 14.2 Insurance........................................................................... 11 14.3 State's Acquisition of Insurance ............................................... 13 14.4 Self Insurance..................................................................... 14 15. TAXES AND ASSESSMENTS............................................................................14 16. ADVANCE BY STATE........................................................................................14 17. NOTICE.................................................................................................................14 18. ASSIGNMENT......................................................................................................15 19. SUCCESSORS AND ASSIGNS...........................................................................15 20. TIME IS OF THE ESSENCE................................................................................15 21. RECORDATION...................................................................................................15 22. APPLICABLE LAW AND VENUE.....................................................................15 23. MODIFICATION..................................................................................................15 24. SURVIVAL...........................................................................................................16 25. INVALIDITY........................................................................................................16 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/1998 ii Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF RENTON, a government agency/entity ("Grantee"). Whereas, the State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantee dated May 9, 1998 and recognizes that the Department of the Army can apply for an assignment of this easement per Section 18 of this Easement, if needed due to a breach by the Grantee. SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the property described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants to Grantee a nonexclusive easement, for construction purposes only, over the property described in Exhibit B, which includes the Easement Property and such additional property as is reasonably necessary for construction on the Easement Property. This construction easement shall terminate upon completion of construction by Grantee. To the extent it can do so without violating any other contract or lease, State hereby also grants a nonexclusive easement on State-owned land and water on either side of the Easement Property, if any exists, for ingress and egress to gain access to the Easement Property and to construct improvements on and maintain and repair the Easement Property. 1.3 Right of Third Parties. This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. Form Date: 06/1998 1 of 18 Agreement No. 51-074605 SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the 1 st day of March, 2004 (the "Commencement Date"), and ending on the 29th day of February, 2094 (the "Termination Date"), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement. Grantee shall have the option to renew this Easement at the end of Initial Term for an additional term to be agreed at the time of renewal. Grantee shall notify the State of its desire to renew by providing written notice at least ninety (90) days prior to the Termination Date of the Initial Term of this Easement. Grantee shall not be entitled to renew if it is in default under the terms of this Easement at the time the option to renew is exercised and fails to cure the default in accordance with the provisions of Section 11. The terms and conditions of any renewal term shall be the same as set forth in this Easement, except that the Use Fee may be recalculated in accordance with the provisions of Subsection 4.1, and provisions dealing with hazardous waste, natural resource impacts, insurance, and financial security, may be changed at the time of each renewal. SECTION 4 USE FEE 4.1 Fee. Grantee shall pay a single use fee in the amount of Four Hundred Eighty Six Dollars ($486.00), which shall be due and payable in full on or before the Commencement Date. Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the date due, then Grantee shall, in addition to paying the late charges established above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. 4.3 Non -Waiver. State's acceptance of a use fee shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular use fee that was accepted. SECTION 5 NOTIFICATION OF ACTIVITIES Except in the case of an emergency, Grantee shall provide State with written notice of any construction or other significant activity on the Easement Property at least thirty (30) days in Form Date: 06/1998 2 of 18 Agreement No. 51-074605 advance. In cases of emergency, Grantee shall notify State of such activity no later than five (5) days after such activity commences. "Significant activity" means any activity that might affect State's or public's use or enjoyment of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources, except to the extent such damage is expressly permitted in Exhibit B, which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property, except to the extent such damage is expressly permitted in Exhibit B. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water column in the Easement Property. SECTION 8 COMPLIANCE WITH LAWS Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, orders, or requirements of any public authority affecting the Easement Property and the Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders. Form Date: 06/1998 3 of 18 Agreement No. 51-074605 SECTION 9 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 9.1 Definition. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any activities that result in the mechanical or chemical disturbance of on -site habitat mitigation; (4) If requested, Grantee shall allow reasonable access to the Easement Property by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and Form Date: 06/1998 4 of 18 Agreement No. 51-074605 (5) If requested, Grantee shall allow reasonable access to potentially liable or responsible parties who are the subject of an order or consent decree which requires access to the Easement Property. Grantee's obligation to provide access to potentially liable or responsible parties may be conditioned upon the negotiation of an access agreement with such parties, provided that such agreement shall not be unreasonably withheld. (c) It shall be Grantee's obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provide State with copies of any and all reports, studies or audits which pertain to environmental issues or concerns and to the Easement Property, and which were prepared for Grantee and submitted to any federal, state or local authorities pursuant to any federal, state or local permit, license or law. These permits include, but are not limited to, any National Form Date: 06/1998 5 of 18 Agreement No. 51-074605 Pollution Discharge Elimination System Permit, any Army Corps of Engineers permit, any state Hydraulics Project Approval, any state Water Quality Certification, or any Local Shoreline permit. 9.5 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of- (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise out of or are in any way related to Grantee's breach of the obligations of Subsection 9.3(b). This obligation is not intended to duplicate the indemnity provided in Subsection 9.5(a) and applies only to damages, liabilities, costs or expenses that are associated with a breach of Subsection 9.3(b) and which are not characterized as a release, threatened release, or exacerbation of Hazardous Substances. Form Date: 06/1998 6 of 18 Agreement No. 51-074605 9.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the Easement Property or other State-owned property arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee's obligation to undertake a cleanup of the Easement Property under this Subsection 9.6 shall be limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30),days prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days of the date Grantee is deemed to have received notice of State's intent to conduct any non -emergency Tests. The additional cost, if any, of split samples shall be borne solely by Grantee. Any additional costs State incurs by virtue of Grantee's split sampling shall be reimbursed to State within thirty (30) calendar days after a bill with documentation for such costs is sent to Grantee. Form Date: 06/1998 7 of 18 Agreement No. 51-074605 (d) Within thirty (30) calendar days of a written request (unless otherwise required pursuant to Subsection 9.4(b), above), either party to this Easement shall provide the other party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Easement Property performed by, or on behalf of, State or Grantee. There is no obligation to provide any analytical summaries or expert opinion work product. 9.8 Reservation of Rights. The parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Comers and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION I I TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach within one hundred twenty (120) days of State's notice. If the breach is not reasonably capable of being cured within the one hundred twenty (120) days, Grantee shall commence the cure within the one hundred twenty (120) day period and continue the cure with diligence until completion. In addition to terminating this Easement, State shall have any other remedy available to it. State's failure to exercise its right to terminate at any time shall not waive State's right to terminate for any future breach. If Grantee ceases to use the Easement Property for the purposes set forth in this Easement for a period of Form Date: 06/1998 8 of 18 Agreement No. 51-074605 five (5) successive years, this Easement shall terminate without further action by State and Grantee's rights shall revert to State. This Easement may also terminate if Grantee provides State with one hundred twenty (120) days written notice of its intent to terminate the Easement, in a form satisfactory to State. The United States has entered into a Project Cooperation Agreement with Grantee for a flood control project which includes this easement as lands required for the project. Prior to termination under this paragraph for the breach of a condition of this Easement, the State will provide similar advance notice to the United States as that which must be provided to the Grantee. Termination shall not occur if within that notice period the United States provides notice to the State in writing of its intent to cure the breach and curative action is initiated within a reasonable period of time thereafter. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.1 Existing Improvements. On the Commencement Date, the following improvements are located on the Easement Property: ("Existing Improvements"); none. The improvements are not owned by the State. 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. Form Date: 06/1998 9 of 18 Agreement No. 51-074605 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Grantee may be required to provide an as - built survey of the Easement Property. 12.6 Removal. Grantee -Owned Improvements shall be removed by Grantee by the Termination Date unless State notifies Grantee that the Grantee -Owned Improvements may remain. If State elects for the Grantee -Owned Improvements to remain on the Easement Property after the Termination Date, they shall become the property of State without payment by State. To the extent that Grantee -Owned Improvements include items of personal property which may be removed from the premises without harming the Easement Property, or diminishing the value of the Easement Property or the improvements, State asserts no ownership interest in these improvements unless the parties agree otherwise in writing upon termination of this Easement. Any Grantee -Owned Improvements specifically identified as personal property in Exhibit A or B shall be treated in accordance with this provision. Grantee shall notify State at least one hundred eighty (180) days before the Termination Date if it intends to leave the Grantee -Owned Improvements on the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. Form Date: 06/1998 10 of 18 Agreement No. 51-074605 SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) At its own expense, Grantee shall procure and maintain a corporate surety bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this Easement, with the exception of the obligations under Section 9 (Environmental Liability/Risk Allocation) above. The Bond shall be in a form and issued by a surety company acceptable to State. State may require an adjustment in the amount of the Bond. (b) Upon any default by Grantee in its obligations under this Easement, State may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not reinstate or cure the default or prevent termination of the Easement because of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; Form Date: 06/1998 11 of 18 Agreement No. 51-074605 (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance coverage shall be in place within thirty (30) days after changes in the limits of liability are required by State. (2) Property Insurance. Grantee shall procure and maintain property insurance covering all real property located on or constituting a part of the Easement Property in an amount equal to the replacement value of all improvements on the Easement Property. Such insurance may have commercially reasonable deductibles. (3) Worker's Compensation/Employer's Liability Insurance. Grantee shall procure and maintain: (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Form Date: 06/1998 12 of 18 Agreement No. 51-074605 Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Department of Natural Resources as an additional insured (except for State of Washington Worker's Compensation coverage, and Federal Jones Act and Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance described in Subsection 14.2 shall meet the following requirements: (1) Policies shall be written as primary policies not contributing with and not in excess of coverage that State may carry; (2) Policies shall expressly provide that such insurance may not be canceled or nonrenewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State; (3) To the extent of State's insurable interest, property coverage shall expressly provide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. Form Date: 06/1998 13 of 18 Agreement No. 51-074605 14.4 Self Insurance. Licensee warrants that it has the capacity to self insure for the risks and coverages specified in Section 14. Licensee's obligations under Section 14 may be met by providing evidence of self insurance that is acceptable to State. Any acceptance of Licensee's proof of self insurance by State must be obtained in writing. The decision to accept, or reject, Licensee's proof of self insurance is within the sole discretion of the State. Licensee must provide State with proof of continuing ability to provide self insurance within thirty (30) days of any written request by State for such proof. Licensee shall also provide State with written notice within seven (7) days of any material change in its ability to self insure, or to its program of self insurance. If Licensee elects to discontinue its program of self insurance, or if State provides written notice withdrawing its acceptance of Licensee's proof of self insurance, Licensee shall be subjected to the requirements of Section 14. Licensee shall be in compliance with the requirements of Section 14 prior to exercising an election to terminate self insurance coverage and shall comply with those requirements within thirty (30) days of receipt of any notice from State withdrawing its consent to self insurance. All sublease agreements must comply with the provisions of Section 14. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating to Grantee's improvements constructed pursuant to this Easement. SECTION 16 ADVANCE BY STATE If State advances or pays any costs or expenses for or on behalf of Grantee, including but not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements, or other amounts not paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent (1 %) per month from the date State notifies Grantee of the advance or payment. SECTION 17 NOTICE Any notices required or permitted under this Easement may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Form Date: 06/1998 14 of 18 Agreement No. 51-074605 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memorandum documenting the existence of this Easement in the county in which the Easement Property is located, at Grantee's sole expense. The memorandum shall, at a minimum, contain the Easement Property description, the names of the parties to the Easement, the State's easement number, and the duration of the Easement. Grantee shall provide State with recording information, including the date of recordation and file number. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. SECTION 22 APPLICABLE LAW AND VENUE This Easement shall be interpreted and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Form Date: 06/1998 15 of 18 Agreement No. 51-074605 SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: /Y , 20 Dl By: k&wa', , 0l �l� KAT KEOLKER-WHEELER Attest: Bonnie I. Walton, City Clerk 1 X Dated: --4 , 20 Approved as to by Alexandra K Assistant Atton State of Washington 003 Title: Mayor Address: 1055 South Grady Way Renton, WA 98055 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: ��/ ri DbUG)KTTRLAND Title: Commissioner of Public Lands Address: 950 Farman Avenue North Enumclaw, WA 98022 Form Date: 06/1998 16 of 18 Agreement No. 51-074605 GRANTEE ACKNOWLEDGMENT a STATE OF ss COUNTY OF V4 116 ) On this Iiwt day of AfIr1 I , 20A, before me personally appeared KATHY KEOLKER-WHEELER to me known to be the Mayor of the government agency/entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said government agency/entity, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. U C ' S\ONM�y'1, i ; o X1OTAR y %* �0 m: & 6. WAS o "I tchele, 14urn&nri (Type/Print Name) Notary Public in and for the State of Washington residing at: & My Commission Expires: e( i`1 260 Form Date: 06/1998 17 of 18 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of 0 On this 2)— day of , 200, personally appeared before me DOUG SUTHE& AND, to me known to be the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. at lu&a- wi�y (Type/Print Name) Notary Public i d for the State of Washington residing at: My Commission E pire`: %el 6�5 Form Date: 06/1998 18 of 18 Agreement No. 51-074605 CE: SEATTLE { SYSTEM: WA2CCORNWALL i USER:I CPC i o > o c z o m AaAa y N r LH j i a,: 2 moron A 2 a � Ctee,' i z F n vI �N .D� St m 9z 01 j < r NOl N3Nf� r01 .-86 L4.M,8S 80.SLIN_ -CS - :. ;`�T ��y.+. - �351.904F — —09- a � ,00'001 ^� 83"ia 301 r-m>,2•, \ yp0 liL b3S�1m N�.. $caz b�nib ada3� a��Y a�, m N n > vny Z O I -z- �_� m 0 o� A 4iix'?ixx'4i> 2222222222 � CIOti „ °: mnrn.°r°nnr r+nm,., z 20o222222vrwHyQ�n A$g`n r o;;3a All O =m +mmtOi�NONm r�Zn tm/1 Doo.� tnp a0u2n oommemu aa`aaa➢Da�>'=22 z L ��A 2 am2 NT 2�m� - - 22�2222222 �0� n0-~C a tF m i .�_ .A rni,tlnn nnr�fn-'nya Vr y o uom � o_ nai g I o g A A im�y 30 n $Z Im rz N n2A � O rlr2> I �gm > $ �m� E KI+IBIT P5 i of MBE CHECKED BY: DRAWN BY: CPC APPROVED By. - LAST EDIT: 02113 PLOT DATE: 0211410J DATE BY REV/ RE VISION CK'D APPR I t I m0�`>OmRI m�mn�nomg OZa o2� c A .. g0�2 xC0I0 iOr'�a Ar`rC �m>pN�An2� N i no�om2�^p�gmi a o g m��og�o� 'o Ngm2A _ g m o m�a z mm u c=O�R 0 mT�D ^rA0 pQi 2 V u 2� _ O� "� Ay xnN �go uf� n N NOI 2577.39' <o�u2�gYY•( �40y0 a� -ZIP p. A 2 I N � aQR $x aAz 5 ►- a 7 (/boss " 7 CITY OF RENTON RECORD OF SURVEY 3350 (? DNR AQUATIC LANDS LEASE AREA somea eam 98021-8972 CEDAR RIVER RENTON WASHINGTON (ueusr-.eoe ra i SCAL E: - :'iE:, T PI ^ CF, A W1fJG FILE NAME: e/'roe I, = 20' 30948 0948—SURV—RSO 'R All nTC ^ co s o o iTl o g Cr+ az ' Zk 16, P APer `i � 4:' .r- CCD pr2y-.p4z� 50; 5017't,' SOt'�1"ai"W r T P a ,ur7 ol.3�35 gr v1 r�mA 2 r rn n t2 A 4 a G o O A A Oyi C Z n pOz cA 2AA; t'i i pQm � R � A A n $>g s h� Qtna � din n Y QZA e- Ff f i3 I T ►g MBE CHECKED BY.: DRAWN BY: CPC APPROVED BY: LAST EDIT. 02, 13 PLOT DATE: 02114103 DATE BY REV/ REWSION CK'D PR p p j A n FeFw 2 '�i^n'g n2 UZn A p Op Nv ZAnit"A,p A NVCn=00m A't $'<Om ,1 6 pc yv,oz n P nQ f 1 AK k iQ^ V2 �g H0117'58'E 5289.21' g� coi_•yn�i^-•p vb PgAJ^iO;p A m >oQ o� Ag m 7 CITY OFRENTON ♦y ° '"'wry RECORD OF SURVEY 3350 Mnnee Ville Pe[k-eY DNR AQUATIC LANDS LEASE AREA Beth 11, ..,Aingto 58021-8972 o RENTON CEDAR RIVER WASHINGTON r.m/» =: �um�y PP.)I CT NO. DRAWING FILE NAME: 1 " = 20' 30948 0948—SURV—RSO �"""" EXHIBIT B PLAN OF OPERATIONS AND MAINTENANCE Cedar River Channel Mitigation — Renton, WA City of Renton Easement No. 51-074605 Site Description and Present Use The site is located on the Cedar River at approximately River Mile 3.4 in Section 21, Township 23 N, Range 5 E, in Renton, Washington. The site is located east of the Rolling Hills Neighborhood and west of the Maple Garden Neighborhood. The Maplewood golf course is located near the site. The following fish utilize the Cedar River for spawning, rearing and migratory transport, steelhead salmon (Oncorhynchus mykiss), sockeye (O. nerka), chinook (O. tshaytscha), coho (O. kisutch), and bull trout (Salvelinus confluentus). Future Use and Condition On February 28, 2001 a salmonid ground -water spawning channel on the Cedar River was destroyed by the Nisqually Earthquake. The groundwater channel was originally constructed as mitigation for the United States Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction Project. The City of Renton requested assistance from the USACE to replace the destroyed channel. The City of Renton and the USACE evaluated sites and determined the site described above was the best location. An inlet and outlet for a spawning and rearing channel will be constructed by the City of Renton. The project is funded and managed by the United States Army Corps of Engineers. SECTION 2 PURPOSE OF EASEMENT The "Permitted Use" on this easement property is to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features on, over, and across the land delineated on Exhibit A attached, including: vegetative plantings; modifications and improvements within and adjacent to the river or shore for grade control or bank stabilization purposes; fish and wildlife habitat or other ecosystem improvements; placement of materials or structures in the bed, banks, or shorelines that influence river velocity or channel form; removal or placement of gravels, cobbles, and boulders, and other structures or conveyances to direct, recharge or maintain flow to a new spawning channel and wetlands. Exhibit B 1 of 3 51-074605 SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Routine maintenance may occur on the easement property such as cleaning and repairing of the channel inlet and outlet. Monitoring of the channel may include adult and redd counts, fry production surveys, and riparian habitat monitoring. Silt fencing, riprap, straw bales, and other temporary erosion control methods will be utilized to ensure sediment does not enter the Cedar River. Native trees, shrubs, and plants will be planted along the new channel to mitigate for the vegetation that is disturbed during construction. SECTION 8 COMPLIANCE WITH LAWS Grantee must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.3 Construction. Construction is permitted from June 16 to August 15. The following work will occur on State Land during this construction window: An intake structure will be installed upstream of the project to convey flow from the Cedar River into the channel. The structure will be made of a concrete headwall and wingwall, trash rack, concrete box culvert, control valve, and approximately 140 feet of pipe. Construction of an open -channel outlet approximately 1,200 feet downstream from the intake structure to allow flow to re-enter the Cedar River and adult/juvenile fish to migrate to or from the channel. 12.6 Removal. The improvements that are to be constructed and maintained on the easement Properties under the authority of this Easement, including, but not limited to, the spawning and rearing channel are intended to be permanent. Prior to the Ninety Year Easement Termination Date, Grantees and State will negotiate in good faith to determine future responsibility for the operation and maintenance of the improvements. Any agreement on such future responsibility shall be in writing. If the Parties cannot agree on future responsibility for the operation and maintenance of the improvements by the Ninety Year Easement Termination Date, the Ninety Year Easement shall continue in full force and effect on a month -to -month tenancy until such time as a written agreement can be reached. SECTION 17 NOTICE Grantee shall designate a contact person for the Department of Natural Resources who has the responsibility of notifying the department of the status of the easement. The current contact persons are: Exhibit B 2 of 3 51-074605 City of Renton: Department of Natural Resources Ron Straka 1055 S. Grady Way —51h Floor Renton, WA 98055 (425) 430-7248 Monica Durkin, Snoqualmie Land Manager Shoreline District Aquatics Region 950 Farman Ave. Enumclaw, WA 98022-9282 (360) 825-1631 ext. 2006 SECTION 18 ASSIGNMENT The State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantees dated May 9, 1998 and under this Section recognize that the Department of the Army can apply for an assignment of this easement, if needed due to a breach by the Grantees. Exhibit B 3 of 3 51-074605 cr�*� STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT TABLE OF CONTENTS SECTION PAGE 1. GRANT AND LOCATION OF EASEMENT............................................................... I 1.1 Easement Property.................................................................1 1.2 Construction and Access ............................ ...........................1 1.3 Right of Third Parties..............................................................1 1.4 Surveys, Maps, and Plans.........................................................1 2. PURPOSE OF EASEMENT...........................................................................................2 3. TERM.............................................................................................................................2 3.1 Term.................................................................................2 4. USE FEE......................................................................................................................2 4.1 Fee....................................................................................2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver.........................................................................2 5. NOTIFICATION OF ACTIVITIES........................................................................3 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS ..... 3 6.1 Grantee's Activities................................................................3 6.2 Restrictions on Use.................................................................3 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 i Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................4 9.1 Definition............................................................................4 9.2 Use of Hazardous Substances....................................................4 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......4 9.4 Notification and Reporting........................................................ 5 9.5 Indemnification.....................................................................6 9.6 Cleanup...............................................................................7 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights..............................................................8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...9 12.1 Existing Improvements............................................................9 12.2 Grantee -Owned Improvements...................................................9 12.3 Construction.........................................................................9 12.4 Performance Bond..................................................................9 12.5 As Built Survey................................................................... 10 12.6 Removal............................................................................10 12.7 Unauthorized Improvements.................................................... 10 13. INDEMNITY.........................................................................................................10 14. FINANCIAL SECURITY AND INSURANCE....................................................11 14.1 Financial Security ................................................................ 11 14.2 Insurance........................................................................... 11 14.3 State's Acquisition of Insurance ............................................... 13 14.4 Self Insurance..................................................................... 14 15. TAXES AND ASSESSMENTS............................................................................14 16. ADVANCE BY STATE........................................................................................14 17. NOTICE.................................................................................................................14 18. ASSIGNMENT......................................................................................................15 19. SUCCESSORS AND ASSIGNS...........................................................................15 20. TIME IS OF THE ESSENCE................................................................................15 21. RECORDATION...................................................................................................15 22. APPLICABLE LAW AND VENUE.....................................................................15 23. MODIFICATION..................................................................................................15 24. SURVIVAL...........................................................................................................16 25. INVALIDITY........................................................................................................16 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/1998 ii Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF RENTON, a government agency/entity ("Grantee"). Whereas, the State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantee dated May 9, 1998 and recognizes that the Department of the Army can apply for an assignment of this easement per Section 18 of this Easement, if needed due to a breach by the Grantee. SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the property described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants to Grantee a nonexclusive easement, for construction purposes only, over the property described in Exhibit B, which includes the Easement Property and such additional property as is reasonably necessary for construction on the Easement Property. This construction easement shall terminate upon completion of construction by Grantee. To the extent it can do so without violating any other contract or lease, State hereby also grants a nonexclusive easement on State-owned land and water on either side of the Easement Property, if any exists, for ingress and egress to gain access to the Easement Property and to construct improvements on and maintain and repair the Easement Property. 1.3 Right of Third Parties. This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. Form Date: 06/1998 1 of 18 Agreement No. 51-074605 SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the 1 st day of March, 2004 (the "Commencement Date"), and ending on the 29th day of February, 2094 (the "Termination Date"), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement. Grantee shall have the option to renew this Easement at the end of Initial Term for an additional term to be agreed at the time of renewal. Grantee shall notify the State of its desire to renew by providing written notice at least ninety (90) days prior to the Termination Date of the Initial Term of this Easement. Grantee shall not be entitled to renew if it is in default under the terms of this Easement at the time the option to renew is exercised and fails to cure the default in accordance with the provisions of Section 11. The terms and conditions of any renewal term shall be the same as set forth in this Easement, except that the Use Fee may be recalculated in accordance with the provisions of Subsection 4.1, and provisions dealing with hazardous waste, natural resource impacts, insurance, and financial security, may be changed at the time of each renewal. SECTION 4 USE FEE 4.1 Fee. Grantee shall pay a single use fee in the amount of Four Hundred Eighty Six Dollars ($486.00), which shall be due and payable in full on or before the Commencement Date. Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the date due, then Grantee shall, in addition to paying the late charges established above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. 4.3 Non -Waiver. State's acceptance of a use fee shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular use fee that was accepted. SECTION 5 NOTIFICATION OF ACTIVITIES Except in the case of an emergency, Grantee shall provide State with written notice of any construction or other significant activity on the Easement Property at least thirty (30) days in Form Date: 06/1998 2 of 18 Agreement No. 51-074605 advance. In cases of emergency, Grantee shall notify State of such activity no later than five (5) days after such activity commences. "Significant activity" means any activity that might affect State's or public's use or enjoyment of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources, except to the extent such damage is expressly permitted in Exhibit B, which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property, except to the extent such damage is expressly permitted in Exhibit B. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water column in the Easement Property. SECTION 8 COMPLIANCE WITH LAWS Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, orders, or requirements of any public authority affecting the Easement Property and the Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders. Form Date: 06/1998 3 of 18 Agreement No. 51-074605 SECTION 9 ENVIRONMENTAL LIABILITYIRISK ALLOCATION 9.1 Definition. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any activities that result in the mechanical or chemical disturbance of on -site habitat mitigation; (4) If requested, Grantee shall allow reasonable access to the Easement Property by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and Form Date: 06/1998 4 of 18 Agreement No. 51-074605 (5) If requested, Grantee shall allow reasonable access to potentially liable or responsible parties who are the subject of an order or consent decree which requires access to the Easement Property. Grantee's obligation to provide access to potentially liable or responsible parties may be conditioned upon the negotiation of an access agreement with such parties, provided that such agreement shall not be unreasonably withheld. (c) It shall be Grantee's obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provide State with copies of any and all reports, studies or audits which pertain to environmental issues or concerns and to the Easement Property, and which were prepared for Grantee and submitted to any federal, state or local authorities pursuant to any federal, state or local permit, license or law. These permits include, but are not limited to, any National Form Date: 06/1998 5 of 18 Agreement No. 51-074605 Pollution Discharge Elimination System Permit, any Army Corps of Engineers permit, any state Hydraulics Project Approval, any state Water Quality Certification, or any Local Shoreline permit. 9.5 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of- (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise out of or are in any way related to Grantee's breach of the obligations of Subsection 9.3(b). This obligation is not intended to duplicate the indemnity provided in Subsection 9.5(a) and applies only to damages, liabilities, costs or expenses that are associated with a breach of Subsection 9.3(b) and which are not characterized as a release, threatened release, or exacerbation of Hazardous Substances. Form Date: 06/1998 6 of 18 Agreement No. 51-074605 9.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the Easement Property or other State-owned property arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee's obligation to undertake a cleanup of the Easement Property under this Subsection 9.6 shall be limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30)Aays prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days of the date Grantee is deemed to have received notice of State's intent to conduct any non -emergency Tests. The additional cost, if any, of split samples shall be borne solely by Grantee. Any additional costs State incurs by virtue of Grantee's split sampling shall be reimbursed to State within thirty (30) calendar days after a bill with documentation for such costs is sent to Grantee. Form Date: 06/1998 7 of 18 Agreement No. 51-074605 (d) Within thirty (30) calendar days of a written request (unless otherwise required pursuant to Subsection 9.4(b), above), either party to this Easement shall provide the other party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Easement Property performed by, or on behalf of, State or Grantee. There is no obligation to provide any analytical summaries or expert opinion work product. 9.8 Reservation of Rights. The parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION 11 TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach within one hundred twenty (120) days of State's notice. If the breach is not reasonably capable of being cured within the one hundred twenty (120) days, Grantee shall commence the cure within the one hundred twenty (120) day period and continue the cure with diligence until completion. In addition to terminating this Easement, State shall have any other remedy available to it. State's failure to exercise its right to terminate at any time shall not waive State's right to terminate for any future breach. If Grantee ceases to use the Easement Property for the purposes set forth in this Easement for a period of Form Date: 06/1998 8 of 18 Agreement No. 51-074605 five (5) successive years, this Easement shall terminate without further action by State and Grantee's rights shall revert to State. This Easement may also terminate if Grantee provides State with one hundred twenty (120) days written notice of its intent to terminate the Easement, in a form satisfactory to State. The United States has entered into a Project Cooperation Agreement with Grantee for a flood control project which includes this easement as lands required for the project. Prior to termination under this paragraph for the breach of a condition of this Easement, the State will provide similar advance notice to the United States as that which must be provided to the Grantee. Termination shall not occur if within that notice period the United States provides notice to the State in writing of its intent to cure the breach and curative action is initiated within a reasonable period of time thereafter. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.1 Existing Improvements. On the Commencement Date, the following improvements are located on the Easement Property: ("Existing Improvements"); none. The improvements are not owned by the State. 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. Form Date: 06/1998 9 of 18 Agreement No. 51-074605 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Grantee may be required to provide an as - built survey of the Easement Property. 12.6 Removal. Grantee -Owned Improvements shall be removed by Grantee by the Termination Date unless State notifies Grantee that the Grantee -Owned Improvements may remain. If State elects for the Grantee -Owned Improvements to remain on the Easement Property after the Termination Date, they shall become the property of State without payment by State. To the extent that Grantee -Owned Improvements include items of personal property which may be removed from the premises without harming the Easement Property, or diminishing the value of the Easement Property or the improvements, State asserts no ownership interest in these improvements unless the parties agree otherwise in writing upon termination of this Easement. Any Grantee -Owned Improvements specifically identified as personal property in Exhibit A or B shall be treated in accordance with this provision. Grantee shall notify State at least one hundred eighty (180) days before the Termination Date if it intends to leave the Grantee -Owned Improvements on the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. Form Date: 06/1998 10 of 18 Agreement No. 51-074605 SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) At its own expense, Grantee shall procure and maintain a corporate surety bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this Easement, with the exception of the obligations under Section 9 (Environmental Liability/Risk Allocation) above. The Bond shall be in a form and issued by a surety company acceptable to State. State may require an adjustment in the amount of the Bond. (b) Upon any default by Grantee in its obligations under this Easement, State may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not reinstate or cure the default or prevent termination of the Easement because of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; Form Date: 06/1998 11 of 18 Agreement No. 51-074605 (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance coverage shall be in place within thirty (30) days after changes in the limits of liability are required by State. (2) Property Insurance. Grantee shall procure and maintain property insurance covering all real property located on or constituting a part of the Easement Property in an amount equal to the replacement value of all improvements on the Easement Property. Such insurance may have commercially reasonable deductibles. (3) Worker's Compensation/Employer's Liability Insurance. Grantee shall procure and maintain: (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Form Date: 06/1998 12 of 18 Agreement No. 51-074605 Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Department of Natural Resources as an additional insured (except for State of Washington Worker's Compensation coverage, and Federal Jones Act and Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance described in Subsection 14.2 shall meet the following requirements: (1) Policies shall be written as primary policies not contributing with and not in excess of coverage that State may carry; (2) Policies shall expressly provide that such insurance may not be canceled or nonrenewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State; (3) To the extent of State's insurable interest, property coverage shall expressly provide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. Form Date: 06/1998 13 of 18 Agreement No. 51-074605 14.4 Self Insurance. Licensee warrants that it has the capacity to self insure for the risks and coverages specified in Section 14. Licensee's obligations under Section 14 may be met by providing evidence of self insurance that is acceptable to State. Any acceptance of Licensee's proof of self insurance by State must be obtained in writing. The decision to accept, or reject, Licensee's proof of self insurance is within the sole discretion of the State. Licensee must provide State with proof of continuing ability to provide self insurance within thirty (30) days of any written request by State for such proof. Licensee shall also provide State with written notice within seven (7) days of any material change in its ability to self insure, or to its program of self insurance. If Licensee elects to discontinue its program of self insurance, or if State provides written notice withdrawing its acceptance of Licensee's proof of self insurance, Licensee shall be subjected to the requirements of Section 14. Licensee shall be in compliance with the requirements of Section 14 prior to exercising an election to terminate self insurance coverage and shall comply with those requirements within thirty (30) days of receipt of any notice from State withdrawing its consent to self insurance. All sublease agreements must comply with the provisions of Section 14. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating to Grantee's improvements constructed pursuant to this Easement. SECTION 16 ADVANCE BY STATE If State advances or pays any costs or expenses for or on behalf of Grantee, including but not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements, or other amounts not paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent (1 %) per month from the date State notifies Grantee of the advance or payment. SECTION 17 NOTICE Any notices required or permitted under this Easement may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Form Date: 06/1998 14 of 18 Agreement No. 51-074605 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memorandum documenting the existence of this Easement in the county in which the Easement Property is located, at Grantee's sole expense. The memorandum shall, at a minimum, contain the Easement Property description, the names of the parties to the Easement, the State's easement number, and the duration of the Easement. Grantee shall provide State with recording information, including the date of recordation and file number. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. SECTION 22 APPLICABLE LAW AND VENUE This Easement shall be interpreted and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Form Date: 06/1998 15 of 18 Agreement No. 51-074605 SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: 20 D By:-��JIU4' 0 kJ�, KAT KEOLKER-WHEELER Attest: Bonnie I. Walton, City Clerk X ,:. Title: Mayor Address: 1055 South Grady Way Renton, WA 98055 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: �� , 20 By: Approved as to F" by Alexandra K. Sm3 Assistant Attorney G State of Washington Title: !0$ Address 10, y 0, s 2003 1018- 3 Commissioner of Public Lands 950 Farman Avenue North Enumclaw, WA 98022 Form Date: 06/1998 16 of 18 Agreement No. 51-074605 GRANTEE ACKNOWLEDGMENT STATE OF ss COUNTY OF l ) On this I'�wt day of krc , 20 _, before me personally appeared KATHY KEOLKER-WHEELER to me known to be the Mayor of the government agency/entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said government agency/entity, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. tchele, 1jeumann (Type/Print Name) Notary Public in and for the State of Washington residing at: 4' �m My Commission Expires: v Form Date: 06/1998 17 of 18 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County On this day of _, 20 C� , personally appeared before me DOUG SUTHERI.AND, to me known to be'the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. (2m,&a. W'�j r�rt kl� llt'1/ (Type/Print Name) Notary Public i4 d for the State of Washington residing at: My Commission E pireg: Form Date: 06/1998 18 of 18 Agreement No. 51-074605 CE: SEATTLE 1 SYSTEM: WA2CCORNWALL USER:I CPC c o a c 2 A Ir`1 t�Yao r O my _ 00 o ri •- c_ E n _2 � ;q � i �1 —65— ._ �]� _�_ �T_..7- - _ BL9Z � A110 01 4_M..85 -� 96 L09 _ ..4�. ,00'001 \ L, a" a3ma 301 r m > 3501 .600 9L�6Lf/ • /ZIS — j05. o m )> !n I mAma Zeo= z MO13 --' ^mm � N o � A >I� n V a o I 2 �� ti 2 O^ _- i� Ln n o� i 2 y o w V 4 N = r a I . i aozz 2 m �m 14 -gig '> "A cn n U O m V z rqi ' z ^ F { 1 a mI g r c o O o f OO~ A na A1�22 V) a ppzn�,n cA z > 2 C �nAinAi A. V1 I I n w N NO�A yr0� D n�a I I �^o I A ,I ��m 8 n R t X1-FtB/T 14 MBE CHECKED BY. DRAWN BY: CPC APPROVED Br: LAST EDIT: 02 13 03 PLOT DATE: 02114103 DATE I BY IREVII REVISION CK'D Pn' i 222222222202� nnti r nnn�,nnnnn.�I.I z [�> zzzzzzz�w�n��� o mmNONONu�A$ Q� �iR m v mNa-v� myr.ly Ac1A A 4_tiIn O> A UOO mm'�`I UNi000-2i �r$12 � ay>ysDD�• �jsm I�-2A O a �ann3pz [o NNyN ��N��N�.5A gym O z2�Zi>Z22DP>�O� mr0< � 2 O 2�2 INf r ������TQIm g4ti t0po> Ty � d in ,.qio=m�2u�?IA v>in2 �1 �m�mV m �~ mVl WOK B an $ mo� �x z In is =ao as O^ A? A� 2 O n a A m> 2 oz 2n r= F15 I of -�-t mum>nmRQ,-1 p=a a�mm;;Amg o=� U V0F2 NP2 FF pp ._a 4F020 yOoon 2^A r gON2IC OI O ^IAAmISO.''S0�17'W $01.41�12' N .� mn�5zlno50.JI' 2577.39' nOOa>232n �mmrA ��pp_po2e p2� n2C 7'58"E 5289.21' c it ZSi V'�mo ��sn� zzTA y A o� ag �ovl� p��gp�p 0'22 i� A m gTi w 5►-o7ybos e CITY OF RENTON RECORD OF SURVEY - 3350 Yonte Ville Perkwey 'S~ 9 Bo Nell. Neshinglon 9802)-8972 DNR AQUATIC LANDS -LEASE AREA RENTON CEDAR RIVER WASHINGTON SCALE: --_ .ECT NO. 10RAWING FILE NAME: gMem • .ems • s • �ne,ee�e ..�aueel. enl�� 1 " = 20' 30948 0948—SURV—RSO Po a gA� \\ \ ^ O IF n 0 r b lot 2 11 N I \� F n '� � p 2 ao n A _ r,^ f� r o. C' z \ ' Q za •-L N- \ a } W a gc' P o ,- 60>oR.a�mc _ 50; 50'r Tw\ Sore •.1-w. 2650,3:577 iy' 31 3s 0 _, - • ./>/ Y zc = ` sa won Tzn_m^ m ,Q m -' V 1 v Oi nAmA _ g 2��n 2.�2NZn ._ A NH>�g m o �o p, 0 A v��n2€om q�a„zo<om `` n rn i iiiipxa �� m ncn, NO,'l7'S8"E IM2,' -{� z2:m��z'b'�ggin m p micy Z cuinoo�n 'zn 1Ury�) "1 '-' rno�o•o�= AADaa nasI2 nAz v F-�� O �pc$ -2n U�a"�xmn 'oe"'o�=pH2 n - nnnn"c z.c OZn D 1 �c � o S A -1 O P Ann N no m n man jj oF� 2 iQ+ I °> � �1 gaas X R n °� z l—O% g605" It3►T �} pS MBE BY DRAWN BY CPC APPROVED BY. LAST EDIT..- 02113/03 PLOT DATE: 02114103 DATE I BY IREVII REVISION rr c A. s CITY OF RENTON RECORD OF SURVEY 3350 Moot, Villa DNR AQUATIC LANDS LEASE AREA e„n.,,...,1,rn.,.>, 98021-897Q CEDAR RIVER d RENTON WASHING ION (IMJobI-1!0! SCALE: FP+?,IECT NO. DRAWING FILENAME: S Mnnwn . Oy1Mwn SLxw,en Ian/mpe AreAl+w 1 " = 20' 30948 0948—SURV—RSO EXHIBIT B PLAN OF OPERATIONS AND MAINTENANCE Cedar River Channel Mitigation — Renton, WA City of Renton Easement No. 51-074605 Site Description and Present Use The site is located on the Cedar River at approximately River Mile 3.4 in Section 21, Township 23 N, Range 5 E, in Renton, Washington. The site is located east of the Rolling Hills Neighborhood and west of the Maple Garden Neighborhood. The Maplewood golf course is located near the site. The following fish utilize the Cedar River for spawning, rearing and migratory transport, steelhead salmon (Oncorhynchus mykiss), sockeye (O. nerka), chinook (O. tshaytscha), coho (O. kisutch), and bull trout (Salvelinus confluentus). Future Use and Condition On February 28, 2001 a salmonid ground -water spawning channel on the Cedar River was destroyed by the Nisqually Earthquake. The groundwater channel was originally constructed as mitigation for the United States Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction Project. The City of Renton requested assistance from the USACE to replace the destroyed channel. The City of Renton and the USACE evaluated sites and determined the site described above was the best location. An inlet and outlet for a spawning and rearing channel will be constructed by the City of Renton. The project is funded and managed by the United States Army Corps of Engineers. SECTION 2 PURPOSE OF EASEMENT The "Permitted Use" on this easement property is to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features on, over, and across the land delineated on Exhibit A attached, including: vegetative plantings; modifications and improvements within and adjacent to the river or shore for grade control or bank stabilization purposes; fish and wildlife habitat or other ecosystem improvements; placement of materials or structures in the bed, banks, or shorelines that influence river velocity or channel form; removal or placement of gravels, cobbles, and boulders, and other structures or conveyances to direct, recharge or maintain flow to a new spawning channel and wetlands. Exhibit B 1 of 3 51-074605 SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Routine maintenance may occur on the easement property such as cleaning and repairing of the channel inlet and outlet. Monitoring of the channel may include adult and redd counts, fry production surveys, and riparian habitat monitoring. Silt fencing, riprap, straw bales, and other temporary erosion control methods will be utilized to ensure sediment does not enter the Cedar River. Native trees, shrubs, and plants will be planted along the new channel to mitigate for the vegetation that is disturbed during construction. SECTION 8 COMPLIANCE WITH LAWS Grantee must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.3 Construction. Construction is permitted from June 16 to August 15. The following work will occur on State Land during this construction window: An intake structure will be installed upstream of the project to convey flow from the Cedar River into the channel. The structure will be made of a concrete headwall and wingwall, trash rack, concrete box culvert, control valve, and approximately 140 feet of pipe. Construction of an open -channel outlet approximately 1,200 feet downstream from the intake structure to allow flow to re-enter the Cedar River and adult/juvenile fish to migrate to or from the channel. 12.6 Removal. The improvements that are to be constructed and maintained on the easement Properties under the authority of this Easement, including, but not limited to, the spawning and rearing channel are intended to be permanent. Prior to the Ninety Year Easement Termination Date, Grantees and State will negotiate in good faith to determine future responsibility for the operation and maintenance of the improvements. Any agreement on such future responsibility shall be in writing. If the Parties cannot agree on future responsibility for the operation and maintenance of the improvements by the Ninety Year Easement Termination Date, the Ninety Year Easement shall continue in full force and effect on a month -to -month tenancy until such time as a written agreement can be reached. SECTION 17 NOTICE Grantee shall designate a contact person for the Department of Natural Resources who has the responsibility of notifying the department of the status of the easement. The current contact persons are: Exhibit B 2 of 3 51-074605 City of Renton: Department of Natural Resources Ron Straka 1055 S. Grady Way —5th Floor Renton, WA 98055 (425) 430-7248 Monica Durkin, Snoqualmie Land Manager Shoreline District Aquatics Region 950 Farman Ave. Enumclaw, WA 98022-9282 (360) 825-1631 ext. 2006 SECTION 18 ASSIGNMENT The State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantees dated May 9, 1998 and under this Section recognize that the Department of the Army can apply for an assignment of this easement, if needed due to a breach by the Grantees. Exhibit B 3 of 3 51-074605 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM CONC RRENCE DATE "1 k -- DATE: April 18, 2003 it i �,(,E?s►^-- /DATE TO: Larry Warren, City Attorney �I Gr FROM: Gregg Zimmerman, Administrates STAFF CONTACT: Chris Munter, Surface Water Utility, Ext. 7205 SUBJECT: Cedar River Spawning Channel Replacement Project Access and Excavation Material Stockpile and Disposal Easement As part of the Cedar River Spawning Channel Project that will be constructed this summer, approximately 12,000 cubic yards of excavated material will need to be disposed of. Shadow Hawk LLC has verbally agreed to take the excavated material as fill for their condominium construction projects adjacent to the Channel project site. The US Army Corps of Engineers, working as the City's contractor for the project, will haul the spoils to a location agreed upon by Shadow Hawk and the City and dump the material. The material will then become stockpiled fill material owned by Shadow Hawk. They have also agreed to let us waste any unsuitable fill materials on their land by evenly spreading it over other designated areas if the need arises. The attached agreement is a mix of standard City easement and easement language required by the US Army Corp of Engineers Real Estate Department. It is meant to be an agreement between Shadow Hawk and the City of Renton, allowing the City access to and use of Shadow Hawk's property for the purpose of stockpiling and disposing of excavated materials that will become the property of Shadow Hawk. Please review the proposed easement and provide comments regarding its acceptability as a valid instrument the City might use for the described purpose. Also please include any additional language that the City may want to add to reduce any potential liability associated with placing excavated material on private property. If you require additional information or have any questions, please call me at 430-7205. cc: Ron Straka H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalSiteMemCA04172003.doc\CDM\tb Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a temporary and assignable easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the date possession of the land is granted to the City of Renton, for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. This easement is granted subject to the following terms and conditions: 1. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 2. Grantor shall retain ownership of stockpiled fill material from Grantee upon termination of possession of land as described in this Agreement. 3. The Grantee shall place stockpiled and disposed materials at locations agreed upon by the Grantor and the Grantee. 4. The Grantee shall spread disposed materials evenly and of uniform height and stabilize disturbed areas with hydroseeding and imply proper erosion control measures during stockpile and disposal operations. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that the owners of the above properties grant them lawful use of the property and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of 2003. SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member IC Roger Nix, Its Division President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page 2 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: DisposalEasement.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 18, 2003 TO: Larry Warren, City A,tt rney FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Chris Munter, Surface Water Utility, Ext. 7205 SUBJECT: Cedar River Spawning Channel Replacement Project Access and Excavation Material Stockpile and Disposal Easement As part of the Cedar River Spawning Channel Project that will be constructed this summer, approximately 12,000 cubic yards of excavated material will need to be disposed of. Shadow Hawk LLC has verbally agreed to take the excavated material as fill for their condominium construction projects adjacent to the Channel project site. The US Army Corps of Engineers, working as the City's contractor for the project, will haul the spoils to a location agreed upon by Shadow Hawk and the City and dump the material. The material will then become stockpiled fill material owned by Shadow Hawk. They have also agreed to let us waste any unsuitable fill materials on their land by evenly spreading it over other designated areas if the need arises. The attached agreement is a mix of standard City easement and easement language required by the US Army Corp of Engineers Real Estate Department. It is meant to be an agreement between Shadow Hawk and the City of Renton, allowing the City access to and use of Shadow Hawk's property for the purpose of stockpiling and disposing of excavated materials that will become the property of Shadow Hawk. Please review the proposed easement and provide comments regarding its acceptability as a valid instrument the City might use for the described purpose. Also please include any additional language that the City may want to add to reduce any potential liability associated with placing excavated material on private property. If you require additional information or have any questions, please call me at 430-7205. cc: Ron Straka H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalSiteMemCA04172003.doc\CDM\tb Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page i FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a temporary and assignable easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the date possession of the land is granted to the City of Renton, for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. This easement is granted subject to the following terms and conditions: 1. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 2. Grantor shall retain ownership of stockpiled fill material from Grantee upon termination of possession of land as described in this Agreement. 3. The Grantee shall place stockpiled and disposed materials at locations agreed upon by the Grantor and the Grantee. 4. The Grantee shall spread disposed materials evenly and of uniform height and stabilize disturbed areas with hydroseeding and imply proper erosion control measures during stockpile and disposal operations. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that the owners of the above properties grant them lawful use of the property and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of 2003. SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member By: Roger Nix, Its Division President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page 2 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20 , before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: DisposalEasement.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 Bob Gambill 2008 06 10 SPU File # 371425 Granted in conjunction with SPU R/W #371-610 THE CITY OF SEATTLE - SEATTLE PUBLIC UT uriES (SPU) arG . TEMPORARY USE PER IT for R' of WAY SECURITY, and WATER 1Rc4t iSMISSION PIPEL94E PROTECTION SPU RIW #r371-425 Granted in conjunction with SPU: R/W #371-610 (Easement Granted by Seattle to Renton) Whereas, City.has granted;andtbe City of Renton (°`Renton'`} has accepted and entered into an Easement Agreement, authorized by City of-Seaile Ordinance No. 1.21150, and recorded finder King County Recording No. 20E3404E}1000154, he eto attached reference ("Easenaeztt Agreement"), which grants Rentonlimited use of a portion of the C ty's East Side Supply Line Right of -Way, ("Easement Area"), in Section 21, Township 23 North, Range 5 E.W.M., all located in King County, State of Washington, for the purpose of ingress to and egress from City of Renton's Cedar River Spawning Channel Project ("Facilities"), and. Whereas, Renton has notified the City that it is proceeding with construction of the Facilities, and Whereas, Section 13. of said easement. provides, "This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed" upon time". Now therefore, in consideration of mutual and off -setting benefits, compensation as herein provided, and upon the execution of this TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION ("Permit"), the City confirms that Easement Agreement under King County Recording No. 20040401000154 still valid, and Subject to the terms and conditions contained herein, this PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION is made by and between the City of Seattle, acting by and through Seattle Public Utilities ("City") and the City of Renton ("Renton") for the purpose of construction of the Renton's Facilities. SPECIAL CONDITIONS 1. Prior to construction, Renton must contact Richard Cox of SPU Lake Youngs Operations at (206) 399-2496 or (206) 684-3933 and Charlie Madden of SPU Water Engineering at 206-684-5977 to arrange a Pre -Construction Meeting. 2. Asper Provision 2 of the Special Conditions in the Easement Agreement 20040401000154, which states: "All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the Easement Area. 3. The City is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton's responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities, therefore: Prior to construction equipment entering Easement Area, Renton or its contractor shall submit a plan to Seattle Public Utilities a plan for crossing the City's Water Transmission Pipeline. Said plan shall be prepared by a Professional Engineer and shall take into consideration the loading and vibration caused by the construction vehicles and activities and shall include a process to request a stop work order from the U.S. Army Corps of Engineers. 080617 Final SPU Permit.doc Page 1 of 4 Bob Gambill SPU File # 371-425 20080610 Granted in conjunction with SPU RIW #371-610 The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of Yd parties, whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area; that a security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment. 4. Renton must immediately notify the City of any damage to the Water Transmission Pipeline. 5. Renton is liable for any damage to the City's Water Transmission Pipeline and Easement Area resulting from or connected with the Renton's Facilities or its use the City's Easement Area. 6. Copies of this Permit and pipeline crossing protection plan, must be available on -site during construction at all times. 7. The City may elect to have a construction inspector on site and/or make periodic site visits to monitor activities that occur within the Easement Area and enforce compliance with Permit requirements. The Renton shall be charged for such inspection as per provision #2 of the "FEES and COSTS" contained herein. The approximate hourly rate per is $75.00. 8. The Renton understands and agrees that all activities within the City's Easement Area are subject to the approved crossing plan. Activities that are not in compliance with the approved plan that create a risk of harm to the City's facilities are not authorized. In that event, the City's inspector may request a stop work order from the U.S. Army Corps of Engineers using the procedure set forth in the approved crossing plan. 9. Equipment and materials shall not be stored on the Easement Area unless a storage plan is submitted to Seattle Public Utilities for review and is approved. 1.0. Renton and City agree that it is in the mutual interest of each party to provide security to the Easement Area for the protection of the Spawning Channel and the Water Transmission Pipeline. Therefore Renton and City hereby agree to cooperate with each other and coordinate efforts in providing security, including: Provide each other with the names and contact information for the individuals responsible for security of the construction site, respond to security threats in the future, and are responsible for and operational issues related to the Easement Area and to Renton's and City's assets, and Cooperate and share the cost equally to install and maintain Right of Way Gates and other improvements that will prohibit public access to the Easement Area and the Cedar River using the Easement Area. The location and design of the gate and improvements to be determined by mutual agreement, and Provide Police enforcement and cooperate with City's Security personnel, and Any other mutually agreed upon actions I I. Renton agrees that the City shall. not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 12. It is understood and agreed by the Renton that all the terms, conditions and stipulations of aforesaid, Easement Agreement, recorded in King County under King County Recording No. 20040401000154, remain in full force and effect. The terms, conditions and stipulations contained herein are in addition to the provisions of the aforesaid Easement Agreement. In the event of a conflict, the provisions of the Easement Agreement shall control. 080617 Final SPU Permit.doc Page 2 of 4 Bob Gambill 2008 06 10 GENERAL CONDITIONS: SPU File # 371-425 Granted in conjunction with SPU R/W #371-610 I. The term "Grantee", as used herein, includes its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. 2. This Permit is not valid until signed by an authorized representative of the City of Renton and counter -signed as APPROVED by the Manager of SPU Real Estate Services. 3. 1Zentor shall acquire;no right or interest ua the Easement Area, or to the occupancy of the same, or. any part thereof, other than the easement righhts already granted. 4. The use herein granted to Renton shall be non-exclusive and the City reserves to itself, its successors and assigns the right to use the Easement Area for: any City purpose and grant other permits across said Easement Area, which shall not unreasonably conflict with Renton's operation of its Facilities. 5. This Permit is intended to convey limited use and rights only. None of the rights granted to the Renton shall affect the City's jurisdiction of, or power to perform work within its Easement Area. Renton shall in no way interfere with City's present or future use of its Easement Area. 6. Renton is solely responsible for detennming.the need for and obtaining all permits that are required in order to complete Renton's construction activities. 7. Renton has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Renton's construction activities. 8. Renton's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Renton agrees to restore the Easement Area to the condition found or better. 9. Renton shall ensure that no erosion, excavation, runoff pollution, siltation or turbidity from its activities shall adversely affect the Easement Area or the surrounding environment. 10. if Renton has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Renton that the City determines as unacceptable within ten (10) days of notification by the City, the City may perform such work, and all reasonable costs incurred shall be billed to the Renton. Except the City may act immediateiy for conditions which pose a threat to public health, safety or the environment. The Renton agrees to pay such bills in a timely manner. 11. Renton agrees that it is responsible for limiting its use of the Easement Area to those purposes approved in the Permit and further agrees that all actions, operations or activities on or occupancy of the Easement Area, including without limitation any use or occupancy of the Easement. Area by any official, employee, agent, representative, licensee, consultant, contractor, visitor or invitee of Renton, shall be the same as if performed or caused by the Renton. 12. This Permit is not transferable. 13. Construction shall be complete within 1.2 months, beginning on the date of APPROVAL by the Manager of SPU Real Estate Services. if construction work is not completed within 12 months, and the Renton has not violated any terms and conditions of this permit or the Easement Agreement, and the City does not have another project which would conflict with the Renton's construction, Renton can apply for a 12 month extension. 080617 Final SPU Permit.doc Page 3 of 4 I. ilte i tt~nion has paid t} � C i' 0,500, which: hos been deposited into SPU Gitaranteed Deposit Ac itht# 040391. Fr' tfiese funds Renton l aspaid a non -refund ilelreeS�all be witlxdrawn iit the atno�t;of �I;4OtT:�t) 2''. In addition to the Fee of $1,400 as noted in the preceding paragraph #1 herein, Renton agrees to pay to the City for its costs assocta xl YYft i' or caused by the Renton's cg0truetitin of the Cedar River Spawning Channel or obi- o ppcz txon$ or maintenance cvith�n the -Mcat Area. As e # Jxane 5, 2008, these costs total,a , fora total cost to June 5, 2098 of $ i; If the total .casts to the City m conjunction with Hds P zit exceed the aan00n of the depo it, s . the Renton agrees, upon being billed, to pay ail stteh costs Mahe COON to the CiW in this Pernlitare less than the amount of the deposit, .the City will reimburse the Renters the enai*ft balance. Permit C1�I THE MY OF SEAMX fimergctacy:. call:e 24hvur daatcl at7_06) 3.86-18t3„ Ext. #3. G iariie maddeai SPU - tgute ing at (�60 654-5977 Ricl W Cox, S1 U Lake Yousp Operations (206) 3994496 or (206) 684-3933 Ail other correspondence or inquiries should be directed to: Bob Gambill, SPIT Real Estate Services: (206) 684-5969 Address: Seattle. Public Utilities Real Estate -Services — WTR SegnleNurticiparl Tower 700 50 venue, Suite 4900 PO Box 34019 Seattle VGA 991244018 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton; Washington 98055 Contact Ron S;tlta, Utility Engineering Supervisor Phone: 4. 54304n48 Renton agrees to notify the City of any change in its contact infonnation. E iS .IC �tI P THE MY OF RENTON AFFRO D- BY-= ACCEPT 2BV: AUDREY C. HANSEN <"r .GCs Zf E ,Administrator Manager, Real Estate Services Public Works Department Date i Date .j�)- r 2 tr r 080617 Final SPU Permit.doc Page 4 of 4 Recording Requested By And When Recorded Mail To. - City of Seattle SPU - WTR 700rifkhtAt eiiue Sb& 4§,0. fi A', I­ oI W J n j isl tnA f 1i "d ngA M.. Wktmo VVVs "a! t4W f etv s'llyti fe Ref6rencews of Documents Released or Assigned: none Grantor: CITY OF�E'ATTLE, a md 0 pa c poration of the od State of Washington Grantee: k ITY OF, REN municipal N, a ipal corocration of the State of" W`W" nigrton Legal Description (abbrevig Pt. of the W Y qiof,4the, N of Sqp.;21, T,23 N., R-,,. 5 E W Tax Parcel ID Pt. of 212 1:. 0 EASEMENT AGREEMENT Al .0 d THIS EASEMENT-- AGREEMENT f riient") is madethis PyQf ,�2004:W_and ert Hf JTIYV'"fSEATTLE, a municiol corpora ,56. n -6`the ugl�i !S State of Washington, acting � YO-and thrd-g -ti i0ublic Utilities(C'Grantor) and "'the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of 'tomdollars-($1-0,00) and other good an-8yalU66le cons1d4rati ..the r`4E'e'ipt and 'sufficiency of which is heroby��acknowlddgdd. -­Grahtdr, hereby con''V'-d"y"s and quitclihiii to Grantee a perpetual,,06nexclusive ebsd , nt in, on, over and across the land depicted in Attaarnent A (the "Easement Af6a), described 7u," as-f6llows: ­72 C - 'Wide City of Seattle East Side Supply ine might -of' -way (f' That) ortiontof thet60-footrM 1, known as therMetcer,�.ltldd,&Pipeline -right-�of-.way) as condemned by,Ordi"na'n;-o'e'�'8'4361,q,4. R City of Seattle And awarded. in Verdict -1-- bf,kin§CoUMV-'8-�ip" p%rlor­c6u,ri, Cause No 4861vo lying south -of the Cedar River and lying n6rW," tlale u T bfthe North half'of the -' ` Southwest quarter or the Northeast quarter OTSection 21, Township 23 North, F *M; w. -,j -- situate in King County, Washin4t 4 fOrthe,,pOrpose of ingr6i's: to and egress , -*om Granted*Ciidar Riv6r, Spawning Chan "Fmjoct'), located as shdWn in Att6chji6ht A, by Grantee, its offic!61s, employees, ag contractors and'. consult60ts. For ",sudit ngress and egress, Grantee shall have th construct operate, maintain; alter, improve and replace the. road presently existing it Area (together with drainageand other appurtenan,4;,� thereto,I o the "Road"}; and, withii Area, to trim, cut, fell 6s,_ i� V'eg-etation, obstructionil, create, unreasonable oosta6igb to,, suc h ingress and d&d§s,Jhis easement is grante( fintiowrr g General Terms dn 'Sp0ci8l'Terms: Pagel GENERAL TERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shalt not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental laws (as defined in section 103), including those governing, or in any way relating Page 2 #o, ally `H zardoiiS:- U ��tance' (ass' =deFir;e`d' rrl` sectli n f' Gran or s or, f ecorbes contaminated as a result of actions hereunder by Grantee, its officials, employees, agentsr:eonsultants, contractors, representatives, licensees invitees, or visitors Gratteeshail are up and remediate such contamination as necessary'to bring g property in cc p i n e;�wi h Envtrog -ental Laws If C{antee does not so act in a ipfu nt and prompt manner, Grantor reserves t ae g i � but not the obttgation,, to act in place'df Grantbn f'o to take such action as Grantor4de �tjfs nece9sary to -ensure ggM11 is ce-or to mitigate the violation All costs and expenses lnou:red b �►an#or in connec oil Withs nor ,ch actions shall; become i+'nmedjately due and p ahf t, } upon GratprseS d # Qn�f an 'invoc li' for Y. � ietere q _ .;;, SS 'hj" t ... a.<<:'::., .. " t «F�f��". .F,'.:.•`yq # .. . .. $wi1?-* B. For the purposes of this Easement Agreement, the term "EnvironrindAW"t"(s)" means any local, state or federal law, regulation, ordinance, order or other sour,.ce,,of-4.,, , now or hereafter in .effect relating to the protection of human health or the.,. environment,JocWing, but not w, .w limited to: the Federal Clean Air Act; the Federal Water Pollution &MILT l'=Act; the Federal,Safe Drinking Water Act; the Federal Comprehensive Environmental Response Cnsation an:_T, rat , Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservq.tion.,and .Recovery Act, as amendect,,,bynthe Solid and J�azardo�us Waste Attletidments:xof 1984; the Federal Occupationale,Safety and, Health Act; the Federa[�,P-! rgency Planning andt,Right-to- I<now Act of 198�„ the Federat Hazardous Materials;, TransportatiW,,,, 2,ol,Act of.1980 , the Federal `Water Act of; 1O97,. the Federal Insecticide Fungicide and ,.Ftodentfc>de,Act, the Federal Waste Management Recovery and Recycling Act; the,Washi9gton Ha�ardocts ,,W— Management Act; tthe :Washington Hazarci'us Waste Fees Act; Washington Model Toxies Con#ol Act; the .Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste:Storages+and:s ran p ion kct; the Washington Underground PE#roleum Storage Tanks Act; and any tegulptins.:protnWI ated hereunder from time:4,time. < p .ewtr >„ {� C. l=or puposes of this Easement Agreement, the term "Hazardous Substanpe(s)' means any and all dangerous, hazardous or,toxic substances, materials wastes, pollutants.:p ruminants Laws, regulated under or subject to any Environmental L, Including but not limited to those substances, materials and u antes listed ., -,P ►led, Stat Fpepail n nt,of Transportation Hazardousi'Materials substances Q C F,R pt .and amendments there car rp,the Washington Hazardous Waste Management`_ ct C'li. 10 Q5D. RCW) or; the Washington Model TpXiwControl Act (Chs. 70.10 D RCW 82.21 RCV ,petrol* products and:their denvatives, rids t Qtfier substances, materials and wastes as become regufater (or subject to cleanuprauthority under any Environmental Law. 11. Grantee shall`irideninify Grantor as follows:, A. 0,110tee shall release, defend, indemnify. "and hold harmless Grantor, its _officials, employees, agents; licensees, contractors, consultants, Invitees and ,representabves (collectiYely, the "Indemnitees") from and against any and all claims, hliens,;demands, actions, cosl"s,.losses, expenses, harm; damages, and `liability of any kind or character asserted or arising from, on account' of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure .of the Road resulting in any damage or injury to.any person or property; provided, however; nothing' herein shall'1�equire Grantee to so indemnify and hold, harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemniteesfrorn and ' against all claims, actions,, regulatory demands, judgements lr ns,,damages. harm, penalties, fines, costs, expense's, liabilities or'lo eesw'{including, without limitation,"clean up or, remedial costs, injuries to a third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and" expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Page 3 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12_ Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the. failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shalt provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including Without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area. Page 4 4_ Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities City of Renton Real Estate Services — WTR Surface Water Utility - 5th floor k'- 710 Second Avenue=10"' Floon 1055 South'Grady Way'` ; tA'Seattle, Washington '98104-9806 �,{", Renton, Washington' '98055 Routine operational issues; 425 255-2242` Contact: Ron Straka, Utility Engineering Superviso1. r'. Property management issues, 206-684-5969 Phone: `425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement -as of the date first above written. _ The City of Sea le The Cit of Renton i By: By: � CHUCK CLARKE, Director GREGG ZI M RM inistrator Seattle Public Utilities Planning/B it ng/ ubiic'Works Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such parry for the uses and purposes mentioned in this instrument. Dated: 3 -1(-0 '1 Notary (print name) Notary Public in nd for the States of Washington, residing at _ v/, / %� i! 7 My Appointment expires e= STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS. DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated:-X__.�-�..�^-� P `5sION FR�9�''sNotary (Print name) ;f�:_. N o° '�40TA/?y 9N•. �% Notary Public in and for the State of Washington, i N 'OUBLIG _ residing at _ — _,1.<--0 70 19-0�• �C��= My Appointment expires �,ii` Op wAsN"__ Page 6 i L a6!ed �w 1 f. rr o�w a d lu;)Wqocllv ' Recnrdmg Requested By And Wh6n: aecorded Mail To City of Seattle 8PU - WTR .'700 Fifth, -Avenue iSuite 4900 Seattle, WA 98104,,,:-,,.•,,....... 20040401000154 SEATTLE ,PAGEO'01 04/01 PUBLIC EAS 25 00 OF 007 ^>' KING, 004 89 37 OWNT:Y, UA Reference #s of` curnents'Released.or Assigned.,;none Grantor CITY OF SEATTLE, a municipal corporation of the State.Gtf Washington::.,. Grantee Cl°fY OF"RENTON; a runicipal corporation of the State of Washington Legal Description (abbreviated) = ` Pit .cif the W: / cif thd*E 1/4of Sec 21, T 23 N , R 5 )~ W :M-;.• Tax Parcel ID # Pt of 212305-9040 S PU #; 371-610 EASEMENT AGkEEMENT ;'' THIS EASEMENT AGREEMENT (the "Easement Agreement")• "i5= made:'this-:- day of 41ar 20fJ4­ by�.and between THE CITY OF SEATTLE, a rniy iiciol corporation of the State ofi:Vidashing.ton; acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a munictpal corporation of the State of Washington ("Grantee") for arid:`in consideration of ten dollars ($1,6 00) and other good and: valuable consideration, the receipt and sufficiency of which is hereby `ac kribwledged' Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on,:over-.an.d across the land depicted in Attachment A (the "Easement Area") described as follows That portion of the 60-foot-wide City.-of.,Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No 486190, lying south of the Cedar River and lying north,of the Southaine of the North half of the Southwest quarter of the Northeast quarter Qf SeCti . 21, .1 ownship 23 North, Range 5 East, WM, situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar:River Spawnthg, Channel. Project (the "Project"), located as shown in Attachment A, by Grantee; its 9fficlals, .employees, agents, licensees, contractors and consultants For such ingress and egress:;, Grantee shall have:. the right'to. use, construct, operate, maintain, alter, improve and replace the road presentjy. existrng'in the Easement Area (together with drainage and other appurtenances thereto, the "Load' and; withtn tkre.:Easernenf :.. .., Area, to trim, cut, fell and remove all trees, underbrush, other vegetatioh, ob9tructions..or itr6ctuKes that create unreasonable obstacles to such ingress and egress This easemenf:.is granted s0bject to ;the following General Terms and Special Terms Page 1 GIFNERAL TERMS Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction,' -installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facflities' ;or other Grantor improvements, and lateral connections thereto , 'Grantor shall not be lie tsle or responsible for any relocation, damage to or restoration of the Road, :its appurtenances or .any ot# ijr pgrtion., of the Easement Area that may be caused or necessitated by, or result from`any use dr.aCcupancy ,.f the Easement Area by Grantor, its employees, contractors, invitees -car agents.: 2 Grantor •reserves, to.;rtself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's,.;operau6nal nl'eds, provided, that Grantor shall notify Grantee in advance of any such worts, exdept when an emergency exists If reasonably practical for the Grantor, Grantor will provide substitute access within;'the.Easeri'ient.-Area, if re gW,lred by the Grantee, in the event the access road is closed for period,longer than 10 days 3 Grantor reserves to itself the`right to ,graht easements; permits or other use rights to parties other than Grantee that are not inconsistent with Gran#ee's useriof the Easement Area 4 Grantee's use of the Easement Area shall in'°nri.way Iflterfere .with the present or future use thereof by;Grantor.:. 5 Grantee understands and agrees that this EasemegtAgreem'entgrants rights of ingress to and egress from .the Easement Area only to Grantee, its officials; employees, agents, licensees.;' contractars and c6nsultants,and not to members of the general public 6 Grantee, at its sole expense, shall be responsible for the mairitenaihce.;and safety of the Road Grantee shall mainfain­fhe'`Road in a safe and passable condition at all .times, and to take such measures,as may: be necessaryao abate dust from traffic using the Road 7 Before the commencement of any improvement, change of grade, substantial repair or replacement 'of the toad;: (each, •a' 'Road. Improvement") by Grantee or its agents, employees or contractors, Grantee shalJ`delive,rrplans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or"disalaproval ;-Such plans.. shall indicate the permanent grade established and depth of cover over..any theh-existing pipelines .�nd;other utilities, and shall show the drainage pattern within the vicinity N&R6d Improvement ShaIJ be.;undertaken without the prior written approval of the Director of SPU, which shall hot be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement ,of any Road .Improvement If an emergency arises, Grantee or its agents shall imrriediately.phone SPU at(206) 386-1800 8 All alterations, moving or adjusting of pipelNies andior other Grantor facilities required by Road improvements undertaken by Grantee shall beperformed 0y"Grantei3, subject to Grantor's prior approval of Grantee's plans for such work, at no,eost.to Grantor 9 Grantee shall be liable for and pay when due: all taxes, (including without limitation leasehold excise tax), assessments and fees imposed on Graritor'or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall: fulfill all.other fiscal obItgatians,required by law 10 A All Grantee's operations or activities on or occupancy of the Easemerit.Area, including without limitation, any use or occupancy of the Easement Area by any';pfficial, employee; agent representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee shall comply with. all Environmental Laws (as defined in section 10 B), including those governingj'or-m' any way relating Page 2 to, any:., Hazardous Substance (as defined in section 10 C) If Grantor's property becomes contanimated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, cui)tractors.; representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as. necessary to bring the property in compliance with Environmental Laws If Grantee ,does nof5o: act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in .place:' of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mifigate the:•'vlolation All costs and -.expenses incurred by Grantor in connection with any such .'actions shall:become,..immediate! ,.due and payable by Grantee upon Grantor's presentation of an invoice therefor' D. For the purposes of this Easert;1ent Agreement, the term "Environmental Law(s)" means any local, state or federal lawv regulation ordinance, order or other source of law, now or hereafter in effect relaturg tci the;>protection bf hu'main health or the environment including, but not limited to the Federal:•Clean:`Alr Act, the,Federal Water Pollution Control Act, the Federal Safe Drinking Water Act, the Federal CompretiensiVe Envt>;onmental Response Compensation and Liability Act, as amended by the Superfund Amendi'nents and Reauthorization Act of..1986, the Federal Resource Conservation and Recovery.,Act, as amended by the' Solid -and Hazardous Waste Amendments of 1984, the Federal Occupational Safety.and;Hea4th Act, the Federal Erbergency Planning and Right -to - Know Act of 1986, the Federal Hazardous Materials Transportation:.Cortrol Act of 1980, the Federal Water Act of 1977, the Federal lhtecticidej Fungicide 'and: Roder Heide Act, the Federal Waste Management Recovery and Recycling Act,the Washington Hazardous Waste Management Act, the . Wash ington.:hazardous Waste Fees Act, `Washmgton:.Model;:7oxt6s Control` Act, the Washington Nuclear Energy 'and Radiation Act, the Washington Radioac-tiveWasie S�tvrage,and:;Transportation Act, the Wastiington Underground Petroleum Storage,., Tanks :Act, an ,.any regulations.;`promulgated thereunder from time:.to time C For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any dnd all dangerous, hazardous or toxic substances, materials, %wastos, pollutants or'contammants regulated under or subject to any Environmental taws, including butmn t-kimited to those substances, mtitenal.s and 4astes listed .in the United States Department of Transportation :Hazardous Materials Table (49 G'F R 172 101) c;r by the United States Environmental Protedtron,;Age"ncy as hazardous substances (40,C f R pt....302::and amendments thereto) or in the Wash mgton,;Hazardous Waste Management Act .,(Ch .1b 105D� RCW) or the Washington Model Toxics Control'Act (Chs 70 105D RCW 82.21,-RCW), petroleum pfoducts'and their derivatives, and such other substances, materials and wastes as become regulated ot'subject to cleanup authority under any Environmental Law 11 Grantee shall indemnify Grankor.`as follows A Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees:, contractors, consultant$, invitees and representatives (collectively, the "Indemnitees") from and against any and a1.1 claims, liens,: detiiands, actions, costs, losses, expenses, harm, damages, and liability of°any-kind 6r character asserted.:ol arising from, on account of, or to connection with (i) Grantee's exercise of its riots;or obligations'under,this Easement Agreement, (u) the acts or omissions of Grantee and ..its officials,;' employees, agents, -!consultants, contractors, representatives, licensees, invitees, or visitors:fri or upon'the Easement Area Or (ui) any damage to or failure of the Road resulting in any damage or..injlury to any person :or --..property, provided, however, nothing herein shall require Grantee to so indemnify and bold harmless; Grantor,ta'thp extent of the negligence of Grantor, its officials, employees, agents; consultants„. contractors, representatives, invitees or licensees B Grantee shall release, indemnify, defend and hold harmless theAhdemnitees from and against all claims, actions, regulatory demands, judgements, liens, 'darn ages', harm; pehalties, fines,. costs, expenses, liabilities or losses (including, without limitation, clean up or remedial. costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, 4hd expert fees), which are imposed on, paid by, or asserted against the Indemnitees in connedfon..with any violatrtin of Page 3 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or;representatives As between the parties and solely for the purpose of effectuating the indemnities ,,contanedt rrt subsections A and B of this section 10, Grantee expressly waives any immunity, defense or`protecticin that maybe, granted to it under the Washington State Industrial Insurance Act, Revised Code:'of Washington Title 64.or any other. industrial insurance, workers' compensation or similar laws of the State..of V4lashington This section shall not be interpreted or construed as a waiver of Grantee's right to assert dny such.1mmumty defense or protection directly against any of its own employees or such er iployee's estate: or athor repro.sentatjves° .:This section 10 C has been mutually negotiated by the parties` InitialeO by Grantee Grantor 12 Grantee shall not assign. its r►bhts` or :obligations hereunder except with the prior written consent of Grantor, which consent sliall. not.:unfeasopied ably be denSubject to the preceding sentence, the rights and obligations' -of' Grantor.an' Grantee, shell inure.ao the benefit of and be binding upon their respective successors and assigns Should it be necessary.:for the United States, acting by and through„the Seattle Distnct, United States Army Corps of Engineers'; -to. provide operation or maintenance on. the Project due to the failure of the :Grantee .to provide required operation or maintenance, the.h. in that event on behalf of the .Grantee,: the United States"ntay 'Ose this easement, subject t! the terms'` nd conditions contained herein°; with:• the exCdi 3:eptlon,of 4nnnificatton obligations, and subject to°compliance by the United States with all state and local laws, rules. and: regulations not in conflict with federal: law, provided that the Grantor may proceed against isle United :States under the Federal Tort Claims Act or other applicable federal law for any damage the United States.,may cause or for any breach of the -obligations, of the United States hereunder 13 This.:Easement,Agrebment and all of Grantee's rights hereunder shall termFnate in the event that (i) Oraritee ceases to use:the Easement Area for a period of three (3) years.- or other mutually agreed upon turne or (i),. Grantee is in default of its obligations hereunder, does not commence a cure within ahirty (30) days of G,rantai s notice of such default, and does not proceed with diligence to cure such default The:Grantarshall;provide written notice to the United States of any action or failure to act on the part of the Grantee that.;would give rise to termination of this Easement Agreement 120 days prior to termination Notwdh.8tanding" arty provision of this Easement Agreement to the contrary, no termination of this easement will occur ifthe.:Grante' d or the United States is utilizing reasonable efforts to cure the non compfiance with the easement terms.: Fn the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement No termination of..this Easement shall release Grantee or Grantor from any liability or obligation (including without lir- itabon'Grantee's ooigations undor...section 10) with respect to any matter occurring prior to such termination SPECIAL TERMS 1 Grantee will be responsible for locking the nght-of�way;'gate.s upon enterrrig..and exiting the Easement Area 2 All vehicles are restricted to H-20 loading Except for,passenger yef icles,'A-inch steel plating will be required for construction equipment or vehicles crossing beer„or within 10..=Beet; of the :centerjine of the East Side Supply Line The City of Renton or its contractor shall provide`a submlttaPfor Seattle,::. Public Utilities to review and approve for crossing protection, equipment to be..Osed; and grow the equipment will be used within the East Side Supply Line right of way 3 Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area Page 4 4 Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in,,:ar in vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder 5.:' CONTACTS Seattle Public Utilities.— City of Renton Feal::Estate Servtees — WtR Surface Water Utility - 5th floor 710. Second Avenue-.1.0t" Floor .? 1055 South Grady Way Seettle' Washirlgtork'98.`104-98p66 ,.,:. Renton, Washington 98055 Routine operetiorral issues,:425-255-2242" Contact Ron Straka, Utility Engineering Supervisor Property management issues, 206-684,=5969 . "i'hine 425-430-7248 In case of emergency, 206-386-1$00 IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Agreement as of the date first above written The City of Seqjtle The::C1 ''of Renton i By ` By CHUCK,:CLARKE, Director :,GREGq ZI M RM , . d 1Nstraf r Seattle: ublic Utilities PtaMlig/B d rig/ yblic Works department STATE..bF WaSHINGTON ) ) ss COUNTY OF KING } I certify that I .know..or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said: person acknowledged that he signed this )nstrument," "on :bath 'stated that he is authonzed "to execute the._,instrument and acknowledged it as the DIRECTOR V ;;jEATTLE PUBLIC UTILITIES, of the City of'Seottle; a municipal corporation of the State of Washington, to be the free an voluntary act of such p8rty for the uses anti purposes mentioned in this instrument Dated 7.,.. '01iptuM11rr���'' ::...Notary (print name):Yi '```���`+p1► 9E�0 �� :::,; „• `NotaryPublic in :lid ,for the,StalteQof Washington, a IAO�1111 residing at My Appgrntment .expires /5 Q eel pUSU4 aBsd 7 z 0 z w LL 0 % u .I (06/O9/2008) Karen McFarland - RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Sh... CC: "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army.mil>, "Weber, Douglas T N Date: Friday, June 06, 2008 11:56 AM Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Attachments: Exhibit F.pdf-, More Cedar disposal info Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide r a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel-, and then revise the design drawings-, or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: s` - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number �X states "This Easement Agreement, and all of Grantee's rights hereunder shall terr'ninate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time ...". The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil • (06/0�/2008) Karen McFarland RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Page 2 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda _ - - - Steve Lee - Cedar River Spawning Channel Title Reports Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. miI> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 05/27/2008 10:32:36 AM Subject: Cedar River Spawning Channel Title Reports Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda CC: "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil> CSteve Lee - RE Dof Letter of Agreement Page 1 J PDF - -- --- - From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Shaw, Timothy M NWS" <Timothy. M.Shaw@usace.army. mil> Date: 06/03/2008 9:33:48 AM Subject: RE: PDF of Letter of Agreement Thanks, WG -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, June 03, 2008 8:54 AM To: Weber, Douglas T NWS; Shaw, Timothy M NWS; Gentry, Wanda F NWS Cc: Straka, Ron Subject: PDF of Letter of Agreement Attached is a pdf of the letter of agreement for the signed 'original' with Paul K's signature on it. -Steve Lee City of Renton 425-430-7205 CC: "Straka, Ron" <Rstraka@ci.renton.wa.us> I Steve Lee RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army.mil> Date: 06/06/2008 10:58:34 AM Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. ► could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time ...". The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army. miI Steve Lee - RE Cedar River Spawning Channel LER Cert- Questions -Title Reports Page 2 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda CC: "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Black, Deborah A NWS" <Deborah.A.Black@usace.army.mil>, "Straka, Ron" <Rstraka@ci.renton.wa.us> EXHIBIT F CEDAR RIVER SPAWNING CHANNEL REPLACEMENT PROJECT DISPOSAL SITE CERTIFICATION The following information is provided to satisfy the U.S. Army Corps of Engineers real estate requirements associated with the Disposal Site Certification of Land Rights for the Cedar River Spawning Channel Replacement Project located in the City of Renton. The material to be disposed of consists of clean soil, sand, gravel and organic matter (brush, stumps and small logs), which will be excavated from the ground and removed from the site as part of the project construction. The approximate volume of material to be excavated and removed is 7,000 cubic yards. PRIMARY DISPOSAL SITES: The primary disposal sites are approved disposal sites that are legally operating and serving the public and commercial businesses. The disposal site for the clean soil, sand and gravel: SITE NAME ADDRESS PHONE/FAX NOTES Pro Con Construction P.O. Box 1149 Phone: 425-271-1041 Tipping Fee: Inc. 19840 SE Jones Rd Fax: 425-271-1413 Dry Material: Renton, WA 98057 $401 solo truck Hours: $72/ truck & trailer 7:30am - 3:15pm M-F (Driving directions Wet Material: and site map are $80/ solo truck enclosed) $144/ truck & trailer Disposal site requirements: No wire, curbing, rebar, stumps, garbage, brush, logs or silt screen fabric is allowed. The disposal site for the brush, logs and stumps: SITE NAME ADDRESS PHONE/FAX NOTES Cedar Grove 17825 Cedar Grove Phone: 877-764-5748 Tipping Fee: Composting Inc. Rd SE Fax: 425-432-2395 $41/ton, $10 Hours: Maple Valley, WA minimum, if less than 7am-5pm M-F 98038 480 lbs. 8am-4 m Sat. Disposal site requirements: No soil, gravel or garbage is allowed, construction lumber is allowed provided it is not treated or painted. Large logs and stumps are also allowed. HA1File Sys1SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project11200 - Real Estate\Disposal siteMISPOSAL SITE CERTIFACATION.doclRStp map output Page I of ( �)KingCountyNarn News Svicessrttmt�t��reh GGUFtC� r�1VL4- ---Z'iti"w[vIN(? C-H1-fN'V?-4- ` %)iSri�n"W—S 1'r'<- ArcIMS HTML Viewer Ma E __ _ 31 Legend ;'J, county B+ounda3y ziA�y. R,ca"r,\m.nnn il�er3aw-rs Ca- cmeftwityaacaea Streets j'tj na-44o am--,=e a Man Gpw&,th Atria Lino UP • o, Lak&s and Laga Mvws R t • Rea.six,i;k a tJit per'wu i t W Parcel R-4•R yF33Upsacv C ,a Israarrnraf i lose R s• �iai dt.4R .i ia5co tSS9 BW tmapry "unty ida) Zoning s to s. ca,8pti a it L3v6!Fav 5- A-tO • Agritrtterbt, arntOU pv IOW= R•t2-4= ,t200peacg gp R-t8- aWa . f8.0 PW. A t ct 640 SF- -YD ,1Q-S i*>-!i�) -�.' A3S•Aq�icdtra�,mn�rwrYsxzmc 'i - r'acril R*-Rmadan ,,2- Uowacm RA.Lt^ VV VV 1{I�Jrjl I U J --- na• ya a;uaa� RA35-RwdXaa,. eDUmarSaMW ;mrr; NCO,, he information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such nformation. King County shall not be liable for any general, special, indirect, Incidental, or consequential damages including, but not limited to, ost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on his map is prohibited except by written permission of Kino Countv. King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&Cli,... 03/17/2004 Permit Application Information - DDES, King County Washington Page 1 of 1 King County r-M _ Oppartment of Development an& Environmenl:a1 Services. DOES HornepVe Online Permit Detail Permit Information: Activity No: L03GI182 Permit Type: G-INSPCT Sub -Type: INSPGRAD Title: PROCON (BLVD. EXC. #1319-657) Status: ISSUED Process 67% Percent: Description: Mining operation. Applied/Opened: 07/29/2003 Issued Date: 08/11/2003 Expiration Date: 07/08/2004 Contact Information: Applicant: PROCON CONST CO INC Address: PO BOX 1149 RENTON WA 98057 Assigned Staff: RAIN Site Information: Location & KC Juris.: Community Plan: TAHOMA/RAVEN HTS Comp Plan: MINING Owner: PROCON CONSTRUCTION CO INC Parcel No: 2923069005 (Link to Parcel Viewer Map) Link to: Parcel Reports Related Parcel/Permit Activity: List all activities attached to this project L75G1319 Other Projects/Actions attached to this parcel List Date: March 17, 2004 King County I Permit Applications Report Engine J News I Services j Comments Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressty agree to be bound by terms and conditions of the site. The details. http://appsOl.metroke.gov/www6/ddes/scripts/permdetail.cfm?permit_no=L03GII82 03/17/2004 Pi Pro Con constru 149 ion Inc P.O. Box 1 19840 SE 3on98057 Renton, WA 425-271 1041 Fax 425-271-1413 Current Prices 4-01-03 Dear Valued Customers: 40 00 3o1ju QSDry Solo Load ...................................... . .... $ 72.00 C)j 2.t LoGd Dry T&T Load (Side or End Dump the Same) ......... Mud Solo Load .. . .......... . .............. ...... S 80 0C! Mud T. Load (Side or End 'Dump the Same) A 44.00 Concrete and Asphalt: 1 foot or less and no more than 4" thick (no rebar) Hours of Operation: Mon. thru Fri. 7:30 AM to 3 PM Closed Sat. and Sun. MapQuest: Driving Directions: North America www.travelocity.com Pa The Morrison House k %6 LL0 ���� First class Relais & Chateaux property just minutes from ] U3 k- 00 www.morrisonhouse.com T7� ff ZZS �- 2:7 / - j 0 r y23' / Hotels -Save up to 70% on Orbitz Savers nationwide. Search Renton, WA! ORO= Flights - Find low fares to the Seattle/Tacoma area! Car Rentals - Find special offers on rental prices in the Seattle/Tacoma areal Route Overview Map Make this map io-teractLv! r a: 02M WhPOuestaam. Ino.:02004 Navloatton Technoba All rights reserved. Use Subiect to License/Govvright I Mau Legend a4i vTEC "these directions are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Site Index I About I Partners ( Advertise I Privacy Policy & Legal Notices cQ 2004 MapQuest.com, Inc. All rights http://www.mapquest.comldirections/main.adp?go=1 &do=nw&2n-KING+COUNTY& 1 t:... 03/17/2004 MapQuest: Driving Directions: North America Page 1 of 2 .� MapQuest Searc Enter Business or Ca 'N". ES0 MAM owma R3l lIC?Ab3 Y=aw PAG155 Home I Help Settings I Mobile Driving Directions Print I E-Mail I Download to PDA I Reverse ( New Directions [1300-1599] Harrington Ave Se, Renton, WA 98058 US - Hotel Offers - Flight Deals 19840 Se Jones Rd, Renton, WA 98058-8322 US - Hotel Offers - Flight Deals Maneuvers 1: Start out going East on HARRINGTON AVE SE toward SE 16TH ST. 2: Turn RIGHT onto INDEX AVE SE. 3: INDEX AVE SE becomes SE 16TH PL. 4: SE 16TH PL becomes PIERCE AVE SE. 5: PIERCE AVE SE becomes 129TH PL SE. 6: Turn LEFT onto SE 159TH ST. 7: SE 159TH ST becomes 131ST PL SE. 8: 131ST PL SE becomes SE 162ND PL. 9: SE 162ND PL becomes 132ND PL SE. 10: Turn LEFT onto SE FAIRWOOD BLVD. 11: Turn LEFT onto 140TH AVE SE. 12: Stay straight to go onto 140TH WAY SE. 13: Turn RIGHT onto SE RENTON MAPLE VALLEY RD/WA-169 14: Turn LEFT onto SE JONES RD. 15: End at 19840 SE JONES RD RENTON WA Total Est. Time: 20 minutes Distance Maps 0.1 miles Map 0.2 miles Map 0.1 miles Map 0.3 miles MaD 0.2 miles Map 0.1 miles Map 0.1 miles Map <0.1 miles Map <0.1 miles Map 0.4 miles Mao <0.1 miles Map 1.1 miles Map 3.7 miles Map 0.1 miles Map Map Total Est. Distance: 7.13 miles Need a place to stay? Hotels For Less Travelocity Great Rates Great Rooms. Guaranteed. Renton Offers: Hotels Washington he The Morrison House - only Relais & Chateau www.morrisonhouse All -Suite Hotel it Comp. Breakfast & Hi - Upscale Amenities & S www.iarkspuriandin Discount Hotel Huge Savings with Pri to 40% over leading s www.priceline.com Renton Washin Huge Savings at Top-] Save up to 50% at Ex www.expedia.com Discount Hotel Choose Hotels by Loc Amenities - Search Nc www.cheaptickets.o Low Price Hotel: Search Hotel Deals on Rooms for Less. Book www.ORBITZ.com Discount Hotel; Discount Rates Onlin Special Deals at Popul www.lodging.com Renton Hotel Compare prices and fi deals for your trip www.tripadvisor.cor Hotels._ _...__W A http://www.mapquest.com/directions/main.adp?go=1&do=nw&2n=KING+COUNTY&1 tc... 03/17/2004 Map Output Page 1 of 1 • • Hume News Services I Comments Search '.v1c' By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc. gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&Cl i,... 03/17/2004 Permit Application Information - DDES, King County Washington Page 1 of 1 0 King County IMM= . - - t Department: of Development and Environmental Ser vices ODES Homepage Online Permit Detail Permit Information: Contact Information: Activity No: A04C1016 Applicant: CERT OF INS Permit Type: CERTINS EXPDATE. 1/31/05 Sub -Type: CERTINS Address: Status: VALID Process 75% Percent: Description: Applied/Opened: 02/17/2004 Expiration Date: 01/31/2005 Assigned Staff: Site Information: Location & 17825 CEDAR Juris.: GROVE RD SE KC Community Plan: TAHOMA/RAVEN HTS Comp Plan: MINING Owner: QUEEN CITY FARMS Parcel No: 2823069009 (Link to Parcel Viewer Map) Link to: Parcel Reports Related Parcel/Permit Activity: List all activities attached to this project L72G1498 Other Projects/Actions attached to this parcel List Date: March 17, 2004 KingCoun I Permit Applications Report Engine I News I Services I Comments Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://appsOl.metrokc.gov/www6/ddes/scripts/permdetail.cfm?permit_no=A04CI016 03/17/2004 a // { 2 § 7/$ 77< \ V) , § \ k \ \ \ § e � > a \ \ \R \ � " /) . _e� �/. � _ MapQuest: Driving Directions: North America Page 2 of 2 property www. morrisonhouse.com Hotel Rooms - Expedia Huge Savings at Great Hotels. Find a Low Rate Now! www.expedia.com Hotels -Save up to 70% on Orbitz Savers nationwide. Search Maple Valley, WA! jffAqjrl" Flights - Find low fares to the Seattle/Tacoma area! Car Rentals - Find special offers on rental prices in the Seattle/Tacoma area! Route Overview Map Make this map interactive ne o_ toalf!eld`_r o .ta and �aG., �YNd Jti .tir'" valley lal c ma lewoad: " 7 ' maplewoodl�' ;? Pw f '� M��a"le'w>so r� l e ca leek ram. ° �~I" •+ �; r�r HeighuPaik i, s1_ti, t# elll tt maie})fils T €fart We ailk;y", r } kk 'le ail Map _VPWU t #iidraod r'i cedar mountain- .. .t!•_ x 't..sC q ,r sA{ingjta Cedar-G e d iake,Y-0ungs 1 . •� �ij-7 -i i R k s id. �Ldke atttlt r 5a Z , ax f r '� ¢hadocv !:eke T1 02004 ItaoQuestcom, Inc.:02004 Navigation TachnoWiea? ri, All rights reserved. Use Subject to License/Copyright I Map Legend twwv'r�w These directions are Informational only. No representation Is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Site Index I About I Partners I AAvgrtise I Privacy Policy & Legal Notices, © 2004 MapQuest.com, Inc. All rights http://www.mapquest.com/directions/main.adp?go=1 &do—nw& l tabval=address&2tabval=... 03/17/2004 MapQuest: Driving Directions: North America Pagel of 2 0142111_��11420 �•• �a�- ' . � Z €MapQuest Seam �M . Enter Business or Ca' ,. MAPS Home I Help I Settings I Mobile Driving Directions Print I E-Mail I Download to PDA I Reverse I New Directions [1300-1599] Harrington Ave Se, Renton, WA 98058 US - Hotel Offers - iii�iil� Flight Deals ® 17825 Cedar Grove Rd Se, Maple Valley, WA 98038-6211 US - Hotel Offers - Flight Deals Maneuvers, Distance Maps 1: Start out going East on HARRINGTON AVE SE toward SE 0.1 miles M-ap 16TH ST. 2: Turn RIGHT onto INDEX AVE SE. 3: INDEX AVE SE becomes SE 16TH PL. 4: SE 16TH PL becomes PIERCE AVE SE. 5: PIERCE AVE SE becomes 129TH PL SE. 6: Turn LEFT onto SE 159TH ST. 7: SE 159TH ST becomes 131ST PL SE. 8: 131ST PL SE becomes SE 162ND PL. 9: SE 162ND PL becomes 132ND PL SE. 10: Turn LEFT onto SE FAIRWOOD BLVD. 11: Turn LEFT onto 140TH AVE SE. 12: Stay straight to go onto 140TH WAY SE. 13: Turn RIGHT onto RENTON MAPLE VALLEY RD SE/WA-169 14: Turn LEFT onto CEDAR GROVE RD SE. 15: End at 17825 CEDAR GROVE RD SE MAPLE VALLEY WA Total Est. Time: 24 minutes 0.2 miles Map Maple Valley Offf Hotels Washington he The Morrison House - only Relais & Chateau www. morrisonhousf Hotel Rooms - E: Huge savings at Grea Low Rate Now! www.expedia.com 0.1 miles Map Discount Hotel Huge Savings with Pri 0.3 miles Map to 40% over leading s www.priceline.com 0.2 miles Map Discount Hotel Find great Deals on H 0.1 miles Map Now w/ Cheap Tickets 0.1 miles Map <11 miles Map <0.1 miles Map 0.4 miles Map <0.1 miles Map 1.1 miles Map 5.2 miles Map 0.7 miles Map Total Est. Distance: 9.26 miles Need a place to stay? Washington hotels The Morrison House - Washington's only Relais & Chateaux Map www.cheaptickets.c Cheap Hotels Thousands of Hotels Save on Your Next Va www.hoteldiscountj Low Price Hoteh Search Hotel Deals on Rooms for Less. Book www.ORBITZ.com Discount Hotel; Discount Rates Onlin Special Deals at Popul www.lodging.com The Watergate H. The hotel that defines Experlence the magic www.watergatehote Hotels P http://www.mapquest.com/directionslmain.adp?go=1 &do=nw& 1 tabval=address&2tabval=... 03/17/2004 LFt Steve Lee - RE Cedar River Spawning Channel LER Cert- Questions -Title Reports Page 1 From: "Gentry, Wanda F NWS" <Wanda. F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy. M. Shaw@usace. army. m il> Date: 06/06/2008 11:56:34 AM Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time ...". The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil Steve Lee - RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Page 2 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. miI> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda CC: "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Straka, Ron" <Rstraka@ci.renton.wa.us> Steve Lee - Cedar River Spawning Channel - LER Cert Issues and SPU Construction Permit Page 11 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Straka, Ron" <Rstraka@ci.renton.wa.us> Date: 06/09/2008 11:15:39 AM Subject: Cedar River Spawning Channel - LER Cert Issues and SPU Construction Permit <<Cedar River SPU PERMIT for Temp Use and Construction (Rev 9 Jun 08).doc>> Hello Steve and Ron: See my e-mail of last Friday. Also, attached is a mark-up of the construction permit for the project. What is the City of Renton attorney's position regarding the attached agreement in conjunction with the perpetual access easement already granted? We do not believe the attached permit is necessary; however, if the City of Renton, determines it is in its best interest to execute the attached, we have provided the attached mark-up. It should be recognized that to the extent that there is conflict between the provisions of the easement and the permit, the provisions of the easement prevail. Further, we cannot allow SPU to stop work on a federal contract, but we are willing to include them in a pre -construction meetings to develop a reasonable construction access plan and take reasonable precautions to protecting the SPU facility during use of the access easement area. Please provide the following items, so we can proceed with processing the City's LER certification documents and proceed with solicitation for construction this week. - Missing deed for the upstream portion of the spawning channel (Parcel number 9006). - Title reports to identify third party interests. - Resolution of the Temporary Use Permit and Construction Agreement issues for use of SPU access easement. - Resolution/confirmation of disposal site available. Hopefully we can work through the above so this project can go to solicitation this week. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil Steve Lee - Cedar River Spawning Channel - LER Cert Issues and SPU Construction Permit y Page 2 CC: "Shaw, Timothy M NWS"<Timothy.M.Shaw@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army.mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. miI>, "Scott, Gene R NWS" <Gene.R.Scott@usace.army.mil>, "Knowlton, Sharon L NWS" <Sharon. L. Knowlton@usace. army. mil> Bob Gambill 05/05/05 SPU File # 371-610 6/9/2008 Revisions DRAFT - THE CITY OF SEATTLE - SEATTLE PUBLIC UTILITIES (SPU) TEMPORARY USE PERMIT and CONSTUCTION AGREEMENT Granted in conjunction with SPU RM #371-610 (Easement Granted by Seattle to Renton) THIS TEMPORARY USE PERMIT and CONSTRUCTION AGREEMENT (the "Construction Agreement") is made by and between the City of Seattle, acting by and through Seattle Public Utilities (the "City") and the City of Renton (the "Permittee"), Whereas, City has granted and the Permittee has accepted and entered into an Easement Agreement, authorized by City of Seattle Ordinance No. 121156, and recorded in King County under King County Recording No. 20040401000154, (copy is hereto attached), which grants Permittee limited use of a portion of the City's East Side Supply Line Right of Way (the "ESSL R/W"), in Section 21, Township 23 North, Range 5 E.W.M., all located in King County, State of Washington, for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project") as depicted the plans titled "CEDAR RIVER MITIGATION Renton, Washington, Permit Drawings, that contain 15 plan sheets, and dated Date Needed (the "Permit Drawings'), and Whereas, the Permittee intends to enter the ESSL RAN for construction purposes, and Whereas, Provision 2 of the Special Conditions in the Easement Agreement states: "All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way." Now Therefore, The City hereby grants the Permittee the rinht to enter i 3r pp n�-�U �„« a roves use of the City's ESSL R/W for the purpose of construction of the Permittee's Project, To the extent there is a conflict between provisions of the easement and this permit, provisions in the easement prevail. SUBJECT TO The following terms and conditions: SPECIAL CONDITIONS 1. Permit Required on site: Copies of this Permit and the aforesaid Easement Agreement, together with all the EXHIBITS noted in this Permit and the Easement and Agreement, must be available on -site during construction at all times. 2. Installation of a Right of Way Gate: Permittee shall install a Right of Way Gate and other irnp4:evtimc,�s.,-thatimprove ments that will prohibit public access to the Cedar River using the ESSL R/W. The location and design of the gate and improvements to be determined by mutual agreement. 3. $10,500 to be paid to SPU in accordance with the "FEES and COST" described herein. This payment, made payable to the City of Seattle, shall accompany a signed copy of this agreement when it is returned to Bob Gambill for execution by the SPU's Manager of Real Estate Services. The address for Bob Gambill is provided herein. No reimbursement by COE. Page 1 of 4 Bob Gambill 05/05/05 SPU File # 371-610 4. Pre -Construction Meeting: At least 21 weeks prior to entering City property to begin construction, Permittee must contact Richard Cox of SPU Lake Youngs Operations at 206-684- 1840 and Shaunie Cochran of SPU Water Engineering at 206-615-0825 to arrange a Pre - Construction Meeting. 5- Construction Access Plan: Prior to entering the City property to begin construction, the City of Renton or its contractor shall provide to the Seattle Pubic Utilities for its review and approval a "Construction Access Plan" that includes procedures regarding crossing protection, equipment to be used, and how the equipment will be used within the ESSL R/W. All vehicles will be restricted to H2O loading and 1" steel plating will be required for construction equipment traffic crossing within 10' of the centerline of East Side Supply Line. Allow at least two weeks for review. 6. Changes to the Construction Access Plan: ORGe approved, Once provided, any deviation from the "Construction Access Plan" must be approved provided in writing by Shaunie Cochran or her designee, and counter signed by the Permittee's authorized representative. Any such written changes shall be forwarded to Bob Gambill, at SPU Real Estate Services. the Pre Gc)n6tFWGtic)n M AfheR Gity is satisfied that there aFe RG further issues that Reed to he resolved 8. On -site Inspection: City may elect to have a construction inspector on site and/or make periodic site visits to monitor activities that occur within the ESSL R/W enforce compliance with right of way permit requirements. The Permittee shall be charged for such inspection as per provision #2 of the "FEES and COSTS" contained herein. The approximate hourly rate per is $75.00. 9. Supervision: The Permittee understands and agrees that all activities within the City's ESSL R/W are subject to the direction and approval of the City's Inspector, and the City reserves the right to stop workMoor to request modifyication of the method of any activities within its ESSL R/W if necessary to protect the City's facilities. 10. Protection of City Facilities and road surface: Permittee will be responsible to the City agrees to ort Seattle Pf i for damage to the Utilities Facilities and roadway surfaces fro the construction, alteration, or maintenance of the Spawning Channel. The costs to repair and restore any CITY facilities or roadways shall be borne by the Permittee. 11. Minimum Cover to be Maintained: Excavation for the Spawning Channel shall not expose the City's East Side Supply Line (ESSL) or its casing. A minimum of 3 feet of cover shall be maintained over the ESSL. 4-? No Storage of Equipment or Materials: Heavy equipment and materials shall not be stored on the ESSL R/W. Any storage on the CQCI RAN shall require a plan submitted to Seattle 13. City shall not be liable: Permittee agrees that the City shall not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 14. Easement Agreement 20040401000154 remains in full force and effect: It is understood and agreed by the Permittee that all the terms, conditions and stipulations of aforesaid Easement Agreement, recorded in King County under King County Recording No. 20040401000154, remain in full force and effect. The y �dYttai,ned__ e ,�rte-afnrer�irl �ecement Agreement, GENERAL CONDITIONS: Page 2 of 4 Bob Gambill SPU File # 371-610 05/05/05 1. This Permit is not valid until signed by an authorized representative of the City of Renton and counter -signed as APPROVED by the Manager of SPU Real Estate Services. 2. The use herein granted to Permittee shall be non-exclusive and the City reserves to itself, its successors and assigns the right to use the Permit Area for any City purpose and grant other permits across said Permit Area, which shall not unreasonably conflict with Permittee's operation of its Facilities. 3. This Permit is intended to convey limited use and rights only. None of the rights granted to the Permittee shall affect the City's jurisdiction of, or power to perform work within its right of way. Permittee shall in no way interfere with City's present or future use of its right of way. 4.. Permittee us sGlely responsible for determiRiRg the need for and GbtainiRg all permits that areaequ+redRarder+- GOMplete Per tee GenStrUGtien aGtivities. The City of Renton cannot get permits for the federal government. 5. Permittee has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Permittee's construction activities. 6. Permittee's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Permittee agrees to restore the premises to the condition found or better. 7. Permittee shall acquire no right or interest in the Permit Area, other than the easement rights already granted, or to the occupancy of the same, or any part thereof, other than for the period of time herein specified and only for the purpose herein described and pursuant to conditions and restrictions herein stated. 8. Permittee shall ensure that no erosion, excavation, runoff, pollution, siltation or turbidity from its activities shall adversely affect the right of way or the surrounding environment. 9. Permittee agrees to repair any damage to the City's ESSL R/W resulting from the Permittee's use, and to restore the City's ESSL R/W to its original condition within 10 days of completion of the work or the tem;iRatiGR of this permit whinhovor is soorior [ jeLanguage conflicts with perpetual easement rights already granted.] 10. If the Permittee has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Permittee that the City determines as unacceptable within ten (10) days of notification by the City, the City may perform such work, and all reasonable costs incurred shall be billed to the Permittee. Except the City may act immediately for conditions which pose a threat to public health, safety or the environment. The Permittee agrees to pay such bills in a timely manner. bindiRg „r,on the'F FespeGtive S61G esseFs a d assigns. [Inconsistent with easement granted.] 12. The Premittee agrees that it is responsible for limiting its use of the Permit Area to those purposes approved in the Permit and further agrees that all actions, operations or activities on or occupancy of the Permit Area, including without limitation any use or occupancy of the Permit Area by any official, employee, agent, representative, licensee, consultant, contractor, visitor or invitee of Permittee, shall be the same as if performed or caused by the Permittee. 13. This permit is not transferable, excerpt in conjunction with the perpetual easement granted DATE and TERM: Pa,ge 3 of 4 Bob Gambill 05/05/05 SPU File # 371-610 1. This permit is valid for an indefinite duration to allow the Permittee to construct ,ity to repair, replace, operate and maintain the Spawning Channel project, as necessary. 1''�" peried, beginning OR the date of APPROVAL by the Manager of S-P-1 Real Estate 2. As built plans of the Spawning Channel Facility shall be provided to SPU by within 60 days of the end of the permit period. FEES and COSTS: Permittee has paid a non-refundable Permit Fee in the amount of $500.00. 2. In addition to the Permit Fee of $500, as noted in the preceding paragraph #1 herein, Permittee agrees to pay to the City for its costs for plan review, on -site inspections and other operational costs associated with or caused by the Permittee's construction of the Cedar River Spawning Channel or on -going operations or maintenance within the easement area. Grantee, agrees to deposit with the City the sum of money equal to the City's estimated costs. If the costs to the City in conjunction with this permit exceed the amount of the deposit, the Permittee agrees, upon being billed, to pay all such costs. If the costs to the City in conjunction with this permit are less than the amount of the deposit, the City will reimburse the Permittee the remaining balance. Pursuant to this provision, the Permittee shall deposit $10,000.00 with the City. As of May 5, 2005 these costs total approximately $500.00. CONTACTS: THE CITY OF SEATTLE Emergency: call the 24-hour dispatch at Shaunie Cochran, SPU Engineering at Richard Cox, SPU Lake Youngs Operations All other correspondence or inquiries should be directed to: Bob Gambill, SPU Real Estate Services: Address: Seattle Public Utilities Real Estate Services - WTR Seattle Municipal Tower 700 5th Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 (206) 386-1800, Ext. #3. (206) 615-0825 (206) 425-2552 (206) 684-5969 Contact: Ron Straka, Utility Engineering Supervisor Phone: 425-430-7248 Permittee agrees to notify the City of any change in its contact information. THIS TEMPORARY USE PERMIT and CONSTUCTION AGREEMENT (the "Permit Agreement") is hereby made by and between the City of Seattle, acting by and through Seattle Public Utilities (the "City") and The City of Renton (the "Permittee"), Page 4 of 4 Bob Gambill 05/05/05 APPROVED BY SEATTLE PUBLIC UTILITIES ACCEPTED BY: The City of Renton SPU File # 371-610 Audrey C. Hansen Signature Manager, Real Estate Services GREGG ZIMMERMAN, Administrator Planning/Building/Public Works Department Date Date Page 5 of 4 Steve Lee- RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 06/10/2008 8:15:44 AM Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army. miI -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 -P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve CC: "Straka, Ron" <Rstraka@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. miI>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil> Steve Lee - RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 06/10/2008 12:11:01 PM Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 Steve Lee - RE: PNWT Order # 676426-12 P.O. 17/0000300 SL Page 2 E-mail: wanda.f.gentry@usace.army. miI -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 -P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report -Steve CC: "Straka, Ron" <Rstraka@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Knowlton, Sharon L NWS" <Sharon.L.Knowlton@usace.army. mil> Steve —Lee--- Recall: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 06/10/2008 12:11:23 PM Subject: Recall: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Gentry, Wanda F NWS would like to recall the message, "PNWT Order # 676426-12 - P.O. 17/0000300 (SL)". CC: "Straka, Ron" <Rstraka@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Knowlton, Sharon L NWS" <Sharon. L. Knowlton@usace. army. mil> Steve Lee - Cedar River Spawing Channel Risk Analysis Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 06/10/2008 12:13:13 PM Subject: Cedar River Spawing Channel Risk Analysis Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006 Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 [Steve Lee -Cedar River _Spawing Channel Risk Analysis Page 2 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report -Steve CC: "Straka, Ron" <Rstraka@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army.mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army.mil>, "Knowlton, Sharon L NWS" F Steve Lee - Cedar River Spawing Channel Risk Analysis Page 31 <Sharon. L. Knowlton@usace.army. mil> Steve Lee - RE: Cedar River Spawing Channel Risk Analysis 4 Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. miI> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Straka, Ron" <Rstraka@ci.renton.wa.us> Date: 06/11/2008 9:25:27 AM Subject: RE: Cedar River Spawing Channel Risk Analysis Good morning Steve and Ron: Pursuant to our meeting yesterday afternoon regarding the SPU construction permit, attached are the COE's recommended changes. The changes are what we need in order to find acceptable the City's LER certification for the permanent access easement, and for project construction. Additionally, coordination with SPU regarding access concerns can be addressed in the construction access plan. Also, as discussed during the meeting we need written confirmation from the City that the below outstanding interest are, in fact, outside the project footprint. Adding something to the Attorney's Certificate would address this. In the interest of time we would also be willing to accept an e-mail from someone with the City who has the authority to represent these facts. Additionally, we need the City's position regarding the compatibility of the spawning channel with the deed restriction limiting use of the property to use consistent with public outdoor recreation. I believe these are the only remaining outstanding items to resolve. Best Regards, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 12:13 PM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Knowlton, Sharon L NWS Subject: Cedar River Spawing Channel Risk Analysis Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. Steve Lee - RE: Cedar River §pawing Channel Risk Analysis Pa e 2 At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006 Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) - - - Steve Lee - RE: Cedar River Spawing Channel Risk Analysis Page 3 Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report -Steve CC: "Shaw, Timothy M NWS"<Timothy.M.Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army.mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Juckniess, Craig M NWS" <Craig.M.Juckniess@usace.army.mil>, "Scott, Gene R NWS" <Gene.R.Scott@usace.army.mil>, "Knowlton, Sharon L NWS" <Sharon.L.Knowlton @usace.army. mil>, "Bryant, James F NWS" <James.F.Bryant@usace.army.mil> Steve Lee - RE: Cedar River Spawing Channel Risk Analysis _ Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Straka, Ron" <Rstraka@ci.renton.wa.us> Date: 06/11/2008 9:26:34 AM Subject: RE: Cedar River Spawing Channel Risk Analysis I guess it would help to have the attachment. ;) -----Original Message ----- From: Gentry, Wanda F NWS Sent: Wednesday, June 11, 2008 9:25 AM To: Lee, Steve; Straka, Ron Cc: Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Juckniess, Craig M NWS; Scott, Gene R NWS; Knowlton, Sharon L NWS; Bryant, James F NWS Subject: RE: Cedar River Spawing Channel Risk Analysis Importance: High Good morning Steve and Ron: Pursuant to our meeting yesterday afternoon regarding the SPU construction permit, attached are the COE's recommended changes. The changes are what we need in order to find acceptable the City's LER certification for the permanent access easement, and for project construction. Additionally, coordination with SPU regarding access concerns can be addressed in the construction access plan. Also, as discussed during the meeting we need written confirmation from the City that the below outstanding interest are, in fact, outside the project footprint. Adding something to the Attorney's Certificate would address this. In the interest of time we would also be willing to accept an e-mail from someone with the City who has the authority to represent these facts. Additionally, we need the City's position regarding the compatibility of the spawning channel with the deed restriction limiting use of the property to use consistent with public outdoor recreation. I believe these are the only remaining outstanding items to resolve. Best Regards, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 12:13 PM To: Lee, Steve Steve Lee - RE: Cedar River Spawing Channel Risk Analysis Page 2 Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Knowlton, Sharon L NWS Subject: Cedar River Spawing Channel Risk Analysis Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. V-irc- IE:I1111T' Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 Steve Lee RE: Cedar River §pawinq, Channel Risk Analysis Page 3 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [maiIto: Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report -Steve CC: "Shaw, Timothy M NWS"<Timothy. M. Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS' <Bruce.G.Rohde@usace.army. mil>, "Juckniess, Craig M NWS' <Craig.M.Juckniess@usace.army.mil>, "Scott, Gene R NWS" <Gene.R.Scott@usace.army. mil>, "Knowlton, Sharon L NWS' Steve Lee - RE. Cedar River Spawing Channel Risk Analysis Page 4 <Sharon.L.Knowlton @usace.army. mil>, "Bryant, James F NWS" <James.F.Bryant@usace.army. mil> Steve Lee - Re: USACE and City at Spawning Channel site Page 1 From: Janice Fluter <janfluter@comcast.net> To: Steve Lee <Slee@ci.renton.wa.us> Date: 06/04/2008 12:04:04 PM Subject: Re: USACE and City at Spawning Channel site Thanks for the information, Steve! Also, if anything major is going to happen before June 21, could you please send the info to David Johnson at Dave@dlj-rainy.com? He will then alert the neighbors so you don't get calls. I will be traveling during that time, starting tomorrow. Thanks! Jan Fluter janfluter@comcast. net On Jun 4, 2008, at 11:33 AM, Steve Lee wrote: > This email is being sent to give you advanced warning that the City > and USACE will be visiting the spawning channel site on Friday, > June 6th at 10am. There will not be any sort of heavy equipment on > site, just people. > Thanks, > Steven Lee > City of Renton > Surface Water Utility > 425-430-7205 CC: David Johnson <Dave@dlj-rainy.com> Steve Lee - FW: Status memo from Nicolle on Cedar River 205 1-Wall Tree Removal Page 1 From: "Soule, Lester E NWS" <Lester.E.Sou le@usace.army. mil> To: Rstraka@ci.renton.wa.us; Douglas. T.Weber@usace.army. miI Date: 12/04/2008 10:32:01 AM Subject: FW: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Doug, reference attached summary regarding the Cedar River Flood wall and remaining actions to complete. I recommend that we proceed with tree removal to bring the project into compliance. This would be a good time to do the work as leaves are gone and will be able to see better what needs to be accomplished. I am working with Renton to identify a location or locations for the mitigation planting and as soon as identified, we can lay out a planting plan to accomplish. This planting should be the end of the 'Flood wall' rehab project. Let me know if you have any questions or concerns. Les > From: Lewis, Evan R NWS > Sent: Monday, November 10, 2008 11:07 AM > To: Soule, Lester E NWS > Subject: Status memo from Nicolle on Cedar River 205 I -Wall Tree > Removal > Les, Here's the summary from Nicolle. I don't believe that we've pushed > forward much or at all on the status of this action. > <<Cedar River 205 tree removal mfr.doc>> > Evan Lewis > Chief, Aquatic Resources Unit ERS > Seattle District, Corps of Engineers > Phone 206-764-6922 > evan.r.lewis@usace.army.mil CC: Slee@ci.renton.wa.us; Hannah.F.Hadley@usace.army.mil; Evan.R.Lewis@usace.army.mil CENWS-PM-PL-ER 20 February 2008 Rutherford/206-764-6716 MEMORANDUM FOR RECORD SUBJECT: Cedar River 205 I -Wall Tree Removal This project is administratively tied with the Cedar River Spawning Channel, but Tim Shaw is aware that a completely different set of environmental documents needs to be prepared and permits acquired. Time frame has not been defined other than vaguely — Fall 2008? This project doesn't have the push behind it that other levee rehab projects do, although I suspect that someone is going to start running around with their hair on fire soon. I keep having to remind Tim about the project to try to get a grip on the timing. Project Background • Large trees were left in place as partial mitigation for the construction of the Cedar River 205 flood wall/levee project. • After Hurricane Katrina, HQ decreed that all trees need to be removed within 15 feet of any I -wall. Therefore, the mitigation trees along the Cedar 205 1-wall need to be removed. • 112 Red Alders that are greater than 12 inches dbh need to come out. • We need to mitigate for two things: 1) we need to replace the original mitigation; 2) we need to mitigate for the impacts associated with the removal of the trees (e.g. temporal losses, shading, etc.). • When I spoke with Matt Longenbaugh at NMFS regarding the tree removal, he had the following to say (via email): Nicolle, thanks for letting us know about the proposed removal of sizable riparian trees along the Cedar River. This is a Big Deal for NMFS because ecol fxn is generally low in this reach, and COE actions that would further degrade ecol fxn are serious. Designated critical habitat for PS Chinook salmon in this reach includes PCEs for rearing and migration that may be seriously affected by removing many 12-inch diam alders. While we understand that COE general policy may be to remove trees adjacent to engineered bank structures, we believe that avoiding Adverse Modification of critical habitat should carry more weight in your final design. Of course, we cannot confirm Adverse Mod in this instance until we conduct a detailed analysis but i wanted to give you all a heads -up of NMFS concern. Thanks for the info and we look forward to a site visit soon. Matt Longenbaugh Central Puget Sound Branch Chief Page 1 of 2 Current: • No work has yet been done on any environmental documents. • City of Renton has been tasked to determine what they are willing and able to do in terms of where trees might be planted. 1. The City was going to investigate putting some of the trees in the City Park across the river from the removal site, but they are not going to be able to put all of the required replacement trees in this area. There is simply not enough space. In addition, there will need to be investigation into levee clearance requirements — is there even the space if the Parks department agrees? 2. The City was also going to investigate putting some trees along the golf course stretch of the river. Another proposed location may be to put some of the replacement trees along the other side of the pipeline crossing which is west of the proposed spawning channel and the city water and sewer lines. A fourth potential option was at the Elliot Channel site. 3. The City was also talking about potentially trying to piggy back onto a King County project that involves a levee setback. I told them that they need to determine if they can really do this and what the logistics look like before they throw that out to the Services because they don't want the Services to potentially fixate on something that the City may or may not be able to do. 4. Big questions for the Services are how far away can our tree replacement be? We realize that in an ideal world, they would all go into the same reach of the river that they are being taken out of, but it isn't going to be possible. Another question is whether or not all of the replacement trees need to be conifers? Per the City of Renton's code, tree removal needs to be mitigated at a 3:1 ratio. This seems like a reasonable place to start in discussions with the Services. Nicolle Rutherford Biologist c£ Mike Scuderi, Chief, Impact Assessment Unit (x7205) Evan Lewis,Chief, Aquatic Resources Unit (x6922) Ron Kent, Acting Chief, Environmental Resources Unit (x3620) Page 2 of 2 Steve Lee - RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Page 1 From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us> Date: 6/10/2008 12:11:01 PM Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006 Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 t ve Lee - RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Page 2 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report -Steve CC: "Straka, Ron" <Rstraka@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy. M.Shaw@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Knowlton, Sharon L NWS" <Sharon. L. Knowlton@usace. army. mil> Steve Lee - RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports From: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army. mil> To: "Lee, Steve" <Slee@ci.renton.wa.us>, "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. mil> Date: 6/6/2008 11:56:34 AM Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time ...". The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil Steve Lee - RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Page 2 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda CC: "Rohde, Bruce G NWS" <Bruce.G.Rohde@usace.army. mil>, "Weber, Douglas T NWS" <Douglas.T.Weber@usace.army. mil>, "Straka, Ron" <Rstraka@ci.renton.wa.us> Steve Lee - More Cedar disposal info Page 1 From: "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army. mil> To: "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> Date: 5/22/2008 10:45:11 AM Subject: More Cedar disposal info Tim Shaw Project Manager 206-764-6978 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 20, 2008 2:35 PM To: Scott, Gene R NWS Cc: Straka, Ron; Muellerleile, David C NWS; Shaw, Timothy M NWS Subject: RE: Cedar River Spawning Channel Gene, ProCon Construction Co. at 19840 SE Jones Road, Renton, WA 98057 would be interested in the material potentially. Contact them at 425-271-1041, fax 425-271-1413. The material to a disposed of consists of clean soil, sand, gravel and organic matter (Brush, stumps, and small logs), which will be excavated from the ground and removed from the site as part of the project construction. ProCon is a legally operating business. In 2003 the tipping fee was $40/solo truck, $72/truck & trailer on dry material; $80/solo truck and $144/truck&trailer. That was 2003 prices. The current prices may be 10 to 15% higher just like Cedar Grove Composting. The disposal site for brush, logs, and stumps is Cedar Grove Composting, Inc that is located at 17825 Cedar Grove RD SE, Maple Valley, WA 98038. Ph: 877-764-5748, fx: 425-432-2395. The Cedar Grove composting tipping fee is $44/ton and $14.26 minimum for less than 540 lbs. -Steve >>> "Scott, Gene R NWS" <Gene. R.Scott@usace.army. mil> 05/19/08 1:38 PM Steve, At the end of March, we went on a site visit with you and our contractor at the Cedar River Spawning Channel site. At that time, we asked if the contractor could dump excavated material on the City's land at the top of the hill and if he could use any of the land at the top of the hill for a staging area. The contractor also wanted to know if they could build a temporary construction access road off the end of Royal Hills Drive SE. Do you have any insight for us relative to the questions above? Thanks Gene Scott USACE Seattle Steve Lee - More Cedar disposal info Pale 2 Project Lead (206)764-3671 -----Original Message ----- From: Steve Lee [maiIto: Slee@ci.renton.wa.us] Sent: Thursday, March 20, 2008 2:51 PM To: Scott, Gene R NWS; Shaw, Timothy M NWS Cc: Kaiser, Monte E. Jr NWS Contractor Subject: RE: Cedar River Spawning Channel Just give me a call a day or two before you want to head out there so I can meet you with the keys to gain access. I also need to inform the residents across the river you all will be there, otherwise the cops will be right on you. Thanks, Steve Lee City of Renton 425-430-7205 >>> "Shaw, Timothy M NWS" <Timothy.M.Shaw@usace.army.mil> 03/20/08 2:48 >>> PM >>> I'm too swamped to go out. However, I know that we need to contact the City to get out there. Please contact Steve Lee directly to make arrangements. Tim Shaw Project Manager 206-764-6978 > From: Scott, Gene R NWS > Sent: Wednesday, March 19, 2008 5:49 PM > To: Shaw, Timothy M NWS > Cc: Kaiser, Monte E. Jr NWS Contractor > Subject: Cedar River Spawning Channel > Tim, > From what Monte tells me about the site for the Cedar River Spawning > Channel, it sounds like we need your help in setting up a site visit. > Can you help us with that? > Gene EXHIBIT F CEDAR RIVER SPAWNING CHANNEL REPLACEMENT PROJECT DISPOSAL SITE CERTIFICATION The following information is provided to satisfy the U.S. Army Corps of Engineers real estate requirements associated with the Disposal Site Certification of Land Rights for the Cedar River Spawning Channel Replacement Project located in the City of Renton. The material to be disposed of consists of clean soil, sand, gravel and organic matter (brush, stumps and small logs), which will be excavated from the ground and removed from the site as part of the project construction. The approximate volume of material to be excavated and removed is 7,000 cubic yards. PRIMARY DISPOSAL SITES: The primary disposal sites are approved disposal sites that are legally operating and serving the public and commercial businesses. The disposal site for the clean soil, sand and gravel: SITE NAME ADDRESS PHONE/FAX NOTES Pro Con Construction P.O. Box 1149 Phone: 425-271-1041 Tipping Fee: Inc. 19840 SE Jones Rd Fax: 425-271-1413 Dry Material: Renton, WA 98057 $401 solo truck Hours: $72/ truck & trailer 7:30am - 3:15pm M-F (Driving directions Wet Material: and site map are $80/ solo truck enclosed) $144/ truck & trailer Disposal site requirements: No wire, curbing, rebar, stumps, garbage, brush, logs or silt screen fabric is allowed. The disposal site for the brush, logs and stumps: SITE NAME ADDRESS PHONE/FAX NOTES Cedar Grove 17825 Cedar Grove Phone: 877-764-5748 Tipping Fee: Composting Inc. Rd SE Fax: 425-432-2395 $41/ton, $10 Hours: Maple Valley, WA minimum, if less than 7am-5pm M-F 98038 4801bs. 8am-4 m Sat. Disposal site requirements: No soil, gravel or garbage is allowed, construction lumber is allowed provided it is not treated or painted. Large logs and stumps are also allowed. HA\File Sys\SWP -Surface Water Prc jects\SWP-27 -Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DISPOSAL SITE CERTTFACATTON.doc\RStp . Hearne 1 News I Services [-Comments.l Search Permit Application Information - DDES, King County Washington Page 1 of 1 King County Department -of. DeveWoment and:Environmental Services 000 Homopve Online Permit Detail Permit Information: Contact Information: Activity No: L03GI182 Applicant: PROCON CONST Permit Type: G-INSPCT CO INC Sub -Type: INSPGRAD Title: PROCON (BLVD. EXC. #1319-657) Status: ISSUED Process 67% Percent: Description: Mining operation. Applied/Opened: 07/29/2003 Issued Date: 08/11/2003 Expiration Date: 07/08/2004 Address: PO BOX 1149 RENTON WA 98057 Assigned Staff: RAIN Site Information: Location & KC Juris.: Community Plan: TAHOMA/RAVEN HTS Comp Plan: MINING Owner: PROCON CONSTRUCTION CO INC Parcel No: 2923069005 (Link to Parcel Viewer Map) Link to: Parcel Reports Related Parcel/Permit Activity: List all activities attached to this project L75G1319 Other Projects/Actions attached to this, parcel List Date: March 17, 2004 King County I Permit Applications Report Engine ! News I Services j Comments .qaarr,h Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://appsOl.metrokc.gov/www6/ddes/scripts/penndetail.cfm?pennit_no=L03GI182 03/17/2004 pro Con Construction Inc. p.O, Box 1149 19840 SE Jones R 7 Renton, WA 9805 425-271-1041 Fax 425-211-1413 Current Prices 4-01-03 Dear Valued Customers: 40 00 „usDo Load �� 3ot�c,ad Q� Sol Load Side ,or End Dump the Same} . , ...... � 72.00 0 1 Dry T&T Mud Solo Load. ...... ...................... ........ S 80.00 Mud T&T Load (Side or End Dump the Same) 144.00 Concrete and Asphalt: l foot or'Less and no more than 4" thick (no rebar) Hours of Operation: Mon, thru Fri. 7:30 AM to 3: 115 PMM Closed Sat, and Sun. 0 MapQuest: Driving Directions: North America www.travelocity.com P0lac t(0 The Morrison House First class Relais & Chateaux property just minutes from www.morrisonhouse.com � ► gzs - 2-7/- /o (f/ Hotels -Save up to 70% on Qrbitz Savers nationwide. Search Renton, WA! AURN/M Flights - Find low fares to the Seattle/Tacoma area! Car Rentals - Find special offers on rental prices in the Seattle/Tacoma area! Route Overview Map Make this map i2xgractiye 02004 MapQuesLapm. Inc.: 02004 Navigation Toohnoloci bs �' -, All rights reserved. Use Subject to License/Coavrioht I MaI2 Legend These directions are informational only. No representation Is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Site Index I About I Partners I Advertise I Privacy Policy & Legal Notices © 2004 MapQuest.com, Inc. All rights http://www.mapquest. com/directions/main.adp?go=1 &do—nw&2n=KING+COUNTY& 1 t,... 03/17/2004 MapQuest: Driving Directions: North America Page 1 of 2 mf µ Z - MapQuest Sear( r....... . Enter Business or Ca a l ttkiVifNG 04MV NS 1f .tDtiy. AA+G15S. Home I elelp I Settings I Mobile Driving Directions Print I E-Mail I Downlpad to PDA I Reverse I New Directions [1300-1599] Harrington Ave Se, Renton, WA 98058 US - Hotel ers - Fiight Deals 19840 Se Jones Rd, Renton, WA 98058-8322 US - Hotel Offers - Flight Deals Maneuvers Distance Maps 1: Start out going East on HARRINGTON AVE SE toward SE 0.1 miles .Map 16TH ST. 2: Turn RIGHT onto INDEX AVE SE. 3: INDEX AVE SE becomes SE 16TH PL. 4: SE 16TH PL becomes PIERCE AVE SE. 5: PIERCE AVE SE becomes 129TH PL SE. 6: Turn LEFT onto SE 159TH ST. 7: SE 159TH ST becomes 131ST PL SE. 8: 131ST PL SE becomes SE 162ND PL. 9: SE 162ND PL becomes 132ND PL SE. 10: Turn LEFT onto SE FAIRWOOD BLVD. 11: Turn LEFT onto 140TH AVE SE. 12: Stay straight to go onto 140TH WAY SE. 13: Turn RIGHT onto SE RENTON MAPLE VALLEY RD/WA-169. 14: Turn LEFT onto SE JONES RD. IS: End at 19840 SE JONES RD RENTON WA Total Est. Time: 20 minutes 0.2 miles Map 0.1 miles Map 0.3 miles Man 0.2 miles Map 0.1 miles Map 0.1 miles Map <0.1 miles Map <0.1 miles Map 0.4 miles Map <0.1 miles Map 1.1 miles Map 3.7 miles Map 0.1 miles Map Map Total Est. Distance: 7.13 miles Need a place to stay? Hotels For Less Travelocity Great Rates Great Rooms. Guaranteed. Renton Offers: Hotels Washington he The Morrison House - only Relais & Chateau www.morrisonhouse All -Suite Hotel it Comp. Breakfast & Hi - Upscale Amenities & S www.larkspuriandin Discount Hotel Huge Savings with Pri to 40% over leading s www.priceline.com Renton Washin Huge Savings at Top-1 Save up to 50% at Ex www.expedia.com Discount Hotel Choose Hotels by Lo( Amenities - Search Nc www,cheaptickets.o Low Price Hotel: Search Hotel Deals on Rooms for Less. Book www.ORBITZ.com Discount Hotel: Discount Rates pnlin Special Deals at Popul www.lodging.com Renton Hotel Compare prices and fi deals for your trip www.tripadvisor.cor Hotels a http://www.mapquest.com/directions/main.adp?go=1 &do=nw&2n=KING+COUNTY&l t,... 03/17/2004 Map Output Page 1 of 1 (S) King Coup mac By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc. gov/servledcom.esri.esrimap.Esrimap?ServiceName=overview&Cli,... 03/17/2004 Permit Application Information - DDES, King County Washington Page 1 of 1 King Counter 0e a rtment of development and IEny ron dotal services DOES Homepage Online Permit Detail Permit Information: Activity No: A04CI016 Permit Type: CERTINS Sub -Type: CERTINS Status: VALID Process 75% Percent: Description: Applied/Opened: 02/17/2004 Expiration Date: 01/31/2005 Contact Information: Applicant: CERT OF INS EXPDATE: 1131 /05 Address: Assigned Staff: Site Information: Location & 17825 CEDAR Juris.: GROVE RD SE KC Community Plan: TAHOMA/RAVEN HTS Comp Plan: MINING Owner: QUEEN CITY FARMS Parcel No: 2823069009 (Link to Parcel Viewer Map) Link to: Parcel Reports Related Parcel/Permit Activity: List all activities attached to this project L72G1498 Other Projects/Actions attached to this parcel List Date: March 17, 2004 King-Coun j Permit Applications Report Engine I News I Services j Comments j Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://appsOl.metrokc.govlwww6lddes/scripts/permdetail.cfm?permit_no=A04CI016 03/17/2004 m E 3 v ul cl o pco Q &- cq O t0 r 0 VU�n 0 00 ; T .�ffff 0{� �w c7 U 1° n L� Ri n � d n Go n a! © O w s1 axis ao` o O +0 o Q C N, L+ ) Nf Of 7 >I c1 ar f LV Ef ` .8 MapQuest: Driving Directions: North America Page 2 of 2 property www. morrisonhouse.com Hotel Rooms - Expedia Huge Savings at Great Hotels. Find a Low Rate Now? www.expedia.com Hotels -Save up to 70% on Orbitz Savers nationwide. Search Maple Valley, WA! Flights -Find low fares to the Seattle/Tacoma area! Car Rent#s -Find speclal offers on rental prices in the Seattle/Tacoma area! Route Overview Map Make this map interactive 02004 WWPQuw;Loom. Inc.:02b04 NaviazWn Tec-hnokm"! All rights reserved. Use Subiect to License/Copyright I Map Legend These directions are informational only. No representation Is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Site Index I About I Partners I Advertise I Privacy Policy & Legal Notices © 2004 MapQuest.com, Inc. All rights http://www.mapquest.corn/directionslmain.adp?go=1 &do=nw& 1 tabval=address&2tabval=... 03/17/2004 ;A4s) �°� MapQuest: Driving Directions: North America Page 1 of 2 iM A t &lCUMS 01"+Ctie" IELW It PAGIS. t MapQuest Seart te Enter Business or Ca' i0mNP 0-1. Home I Help I Settings I mobile Driving Directions rint I E-Mail I Download to PDA I Reverse I New Directions [1300-1599] Harrington Ave Se, Renton, WA 98058 US - Hotel Offers - Flight Deals 17825 Cedar Grove Rd Se, Maple Valley, WA 98038-6211 US - Hotel Offers - Fliaht Deals Maneuvers, Distance Maps 1: Start out going East on HARRINGTON AVE SE toward SE 0.1 miles Map 16TH ST. 2: Turn RIGHT onto INDEX AVE SE. 3: INDEX AVE SE becomes SE 16TH PL. 4: SE 16TH PL becomes PIERCE AVE SE. 5: PIERCE AVE SE becomes 129TH PL SE. 6: Turn LEFT onto SE 159TH ST, 7: SE 159TH ST becomes 131ST PL SE. 8: 131ST PL SE becomes SE 162ND PL. 9: SE 162ND PL becomes 132ND PL SE. 10: Turn LEFT onto SE FAIRWOOD BLVD. 11: Turn LEFT onto 140TH AVE SE. 12: Stay straight to go onto 140TH WAY SE. 13: Turn RIGHT onto RENTON MAPLE VALLEY RD SE/WA-169 0.2 miles Map 0.1 miles Map 0.3 miles Maw 0.2 miles Map 0.1 miles Map 0.1 miles Map <0.1 miles Map <0.1 miles Map 0.4 miles Map <0.1 miles Map 1.1 miles Map 5.2 miles Map 14: Turn LEFT onto CEDAR GROVE RD SE. 0.7 miles Map 15: End at 17825 CEDAR GROVE RD SE MAPLE VALLEY WA Maa Total Est. Time: 24 minutes Total Est. Distance: 9.26 miles Need a place to stay? Washington hotels The Morrison House - Washington's only Relais & Chateaux Maple Valley Offt Hotels W Washington ho The Morrison House - only Relais & Chateau www.morrisonhousE Hotel Rooms - E: Huge Savings at Grea Low Rate Now! www.expedia.com Discount Hotel Huge Savings with Pri to 400/6 over leading s www. priceline.com Discount Hotel Find great Deals on H Now w/ Cheap Tickets www.cheaptickets.c Cheap Hotels Thousands of Hotels Save on Your Next Va www.hoteldiscount.i Low Price Hotel! Search Hotel Deals on Rooms for Less. Book www.ORBITZ.com Discount Hotel: Discount Rates onlln Special Deals at Popul www.lodging.com The Watergate H The hotel that defines Experience the magic www.watergatehote Hotels A http://www.mapquest.com/directionslmain.adp?go=1 &do=nw& 1 tabval=address&2tabval=... 03/17/2004 A IP Lake Washington/Cedar/Sammamish (WRIA 8) Watershed 201 S. Jackson Street Suite 600 Seattle, WA 98104-3855 June 27, 2008 U.S. Army Corps of Engineers, Seattle District Environmental Resources Section P.O. Box 3755 Seattle, WA 98124-3755 RE: Notice of Preparation of EA and Clean Water Act Public Notice, PL-08-07 Dear Mr. Shaw and Mr. Director, Several members of the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Technical Committee would like to provide comments on the Notice of Preparation and Clean Water Act Public Notice for the Cedar River Side Channel Replacement Project. WRIA 8 represents 27 local governments, community groups, businesses, water districts and state and federal agencies who are working together to recover endangered Chinook salmon by implementing the WRIA 8 Chinook Conservation Plan (hereafter referred to as the Plan). The Plan was ratified by all 27 jurisdictions in 2005 and was approved by NOAA Fisheries as a chapter in the overall Puget Sound Chinook Recovery Plan in January 2007. The Technical Committee is comprised of local government, tribal, and state agency scientists. The WRIA 8 Chinook Conservation Plan is the primary document against which we, as the Technical Committee, evaluate the priority and adequacy of proposed Chinook habitat enhancement projects. Due to our meeting schedule, our project notice has not been brought before the WRIA 8 Salmon Recovery Council, but was discussed by the several of the WRIA 8 Technical Committee over phone/e-mail. Consensus is often difficult to reach on complicated issues such as this one and the views stated in this letter do not represent the Technical Committee as a whole. However, we ask for your consideration of and response to the technical concerns of some of the committee members. The Public Notice proposes construction of a side channel mitigation project to account for the loss of the Cedar River Flood Control Project mitigation site that was destroyed by a landslide in 2001. The location of the proposed project (between RM 3.4 and 3.6) falls within Reach 2, which was identified by Ecosystem Diagnosis and Treatment (EDT) modeling (used to develop prioritized habitat actions for Chinook recovery) as the highest priority reach for restoration within the lower and middle Cedar River. Given this ranking and the limited opportunity for June 27, 2008 Page 2 restoration actions within this portion of the river, we are concerned that this work may preclude restoration of Chinook habitat. Since the original mitigation project was designed and constructed, Puget Sound Chinook salmon and steelhead have been listed as threatened under the Endangered Species Act. In light of this listing and the Plan ratification, we support habitat actions that are consistent with the Plan. For the lower and middle Cedar River, the Plan identifies channel confinement as the cause for reduced floodplain connectivity and reduced pools and small cobbles, and recommends focusing restoration actions on setback or removal of dikes and levees, the addition of LWD to create pools, and planting of riparian vegetation (Chapter 4, page 14). The proposed mitigation project includes placing a concrete intake structure in the floodplain, an engineered approach that does not mimic natural processes. Projects that seek to create a static environment for salmon spawning habitat in the Cedar River have failed, and we believe a similar fate would likely occur at this project site. We recommend consideration of design alternatives that restore natural processes. In closing, several members of the WRIA 8 Technical Committee strongly encourage consideration of alternative approaches that (1) provide benefit to threatened Chinook salmon, following recommendations identified in the WRIA 8 Chinook Conservation Plan, and (2) strive to restore natural river/floodplain processes. We recommend evaluation of this project for compatibility with projects currently listed in the Plan. We welcome your response to our comments, and would be happy to convene a meeting with the project partners and the WRIA 8 Technical Committee to discuss concerns and ideas. The Plan identifies restoration projects that could be evaluated as mitigation for past dredging in the lower Cedar River, or for future project opportunities. Please do not hesitate to contact us if you have any questions. Sincerely, Sarah McCarthy Interim WRIA 8 Technical Coordinator Steve Lee - FW: Request for Comments: Notice of Preparation of EA and Clean Water Act Public Notice for the Cedar RRagd> From: "White, Jean" <Jean.White@kingcounty.gov> To: "Ron Straka" <Rstraka@ci.renton.wa.us> Date: 7/9/2008 9:09:29 AM Subject: FW: Request for Comments: Notice of Preparation of EA and Clean Water Act Public Notice for the Cedar River Side Channel Replacement project Hi Ron, Here was the comment letter that was sent. I regret any heartburn that it might cause, but I do think that there may be a silver lining here. We can talk this afternoon if you would like and have time. If not, have a great vacation and I look forward to talking to you when you return. Sincerely, Jean From: McCarthy, Sarah Sent: Friday, June 27, 2008 4:06 PM To: 'Director, Rustin A NWS' Cc: White, Jean Subject: RE: Request for Comments: Notice of Preparation of EA and Clean Water Act Public Notice for the Cedar River Side Channel Replacement project Hi Rustin, I have attached a letter which represents the comments submitted by seven members of the WRIA 8 Technical Committee with regard to the Notice of Preparation of EA and Clean Water Act Public Notice for the Cedar River Side Channel Replacement project. We sincerely appreciate your extension of the deadline to accommodate our comments. Thank you, Sarah McCarthy Interim WRIA 8 Technical Coordinator Steve Lee - FW: Request for Comments: Notice of Preparation of EA and Clean Water Act Public Notice for the Cedar RR gI8fz Lake Wash ington/Cedar/Sammamish Watershed A Regional Service Provided by King County 201 South Jackson Street, Suite 600 Seattle, WA 98104 206.296.1924 Please Note: My e-mail address has changed to Sarah. McCarthy@kingcounty.gov<mailto:Sarah. McCarthy@kingcounty.gov> Rentonnet City Clerk Card File Page 1 of 1 Record 8 of 14 U as Title: EASEMENT, CITY OF SEATTLE/EAST SIDE SUPPLY LINE 2004 Effective Date: Mar 11, 2004 Date Entered: Apr 7, 2004 by User: Slombard Last Modified: Apr 29, 2004 by User: devans Scheduled Destruction Date: Destroyed Date: Narrative: ■ 3/11/2004 - Easement granted by the City of Seattle, Seattle Public Utilities, for access across a 60-foot wide City of Seattle East Side Supply Line right- of-way lying south of the Cedar River for access to the Cedar River Spawning Channel Project near Royal Hills Drive SE and Maple Valley Hwy (SR-169). ■ Rec #20040401000154 ■ See Also: CAG-04-050 Keywords: ■ E 20040401000154 ■ 20040401000154 E ■ SEATTLE CITY OF 2004 ■ SEATTLE PUBLIC UTILITIES EAST SIDE SUPPLY LINE 2004 ■ CEDAR RIVER SPAWNING CHANNEL 2004 ■ ROYAL HILLS DR SE 2004 ■ MAPLE VALLEY HY 2004 ■ SR-169 2004 Location: VAULT Category: http://rentonnet.org/intranet/CityC]erkDept/CardFile,'index.cfm?fuseaction=showdetail&... 06/25/2008 Bob Gambill SPU File # 371-425 2008 06 10 Granted in conjunction with SPU R/W #371-610 THE CITY OF SEATTLE - SEATTLE PUBLIC UTILITIES (SPU) TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION SPU R/W #371-425 Granted in conjunction with SPU R/W #371-610 (Easement Granted by Seattle to Renton) Whereas, City has granted and the City of Renton ("Renton") has accepted and entered into an Easement Agreement, authorized by City of Seattle Ordinance No. 121156, and recorded under King County Recording No. 20040401000154, hereto attached by reference ("Easement Agreement"), which grants Renton limited use of a portion of the City's East Side Supply Line Right of Way, ("Easement Area"), in Section 21, Township 23 North, Range 5 E.W.M., all located in King County, State of Washington, for the purpose of ingress to and egress from City of Renton's Cedar River Spawning Channel Project ("Facilities"), and Whereas, Renton has notified the City that it is proceeding with construction of the Facilities, and Whereas, Section 13. of said easement provides, "This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time". Now therefore, in consideration of mutual and off -setting benefits, compensation as herein provided, and upon the execution of this TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION ("Permit"), the City confirms that Easement Agreement under King County Recording No. 20040401000154 still valid, and Subject to the terms and conditions contained herein, this PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION is made by and between the City of Seattle, acting by and through Seattle Public Utilities ("City") and the City of Renton ("Renton") for the purpose of construction of the Renton's Facilities. SPECIAL CONDITIONS 1. Prior to construction, Renton must contact Richard Cox of SPU Lake Youngs Operations at (206) 399-2496 or (206) 684-3933 and Charlie Madden of SPU Water Engineering at 206-684-5977 to arrange a Pre -Construction Meeting. 2. As per Provision 2 of the Special Conditions in the Easement Agreement 20040401000154, which states: "All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the Easement Area. 3. The City is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton's responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities, therefore: Prior to construction equipment entering Easement Area, Renton or its contractor shall submit a plan to Seattle Public Utilities a plan for crossing the City's Water Transmission Pipeline. Said plan shall be prepared by a Professional Engineer and shall take into consideration the loading and vibration caused by the construction vehicles and activities and shall include a process to request a stop work order from the U.S. Army Corps of Engineers. 080617 Final SPU Pennit.doc Page 1 of 4 Bob Gambill SPU File # 371-425 2008 06 10 Granted in conjunction with SPU R/W #371-610 The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of 3`a parties, whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area, that a security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment. 4. Renton must immediately notify the City of any damage to the Water Transmission Pipeline. 5. Renton is liable for any damage to the City's Water Transmission Pipeline and Easement Area resulting from or connected with the Renton's Facilities or its use the City's Easement Area. 6. Copies of this Permit and pipeline crossing protection plan, must be available on -site during construction at all times. 7. The City may elect to have a construction inspector on site and/or make periodic site visits to monitor activities that occur within the Easement Area and enforce compliance with Permit requirements. The Renton shall be charged for such inspection as per provision #2 of the "FEES and COSTS" contained herein. The approximate hourly rate per is $75.00. 8. The Renton understands and agrees that all activities within the City's Easement Area are subject to the approved crossing plan. Activities that are not in compliance with the approved plan that create a risk of harm to the City's facilities are not authorized. In that event, the City's inspector may request a stop work order from the U.S. Army Corps of Engineers using the procedure set forth in the approved crossing plan. 9. Equipment and materials shall not be stored on the Easement Area unless a storage plan is submitted to Seattle Public Utilities for review and is approved. 10. Renton and City agree that it is in the mutual interest of each party to provide security to the Easement Area for the protection of the Spawning Channel and the Water Transmission Pipeline. Therefore Renton and City hereby agree to cooperate with each other and coordinate efforts in providing security, including: Provide each other with the names and contact information for the individuals responsible for security of the construction site, respond to security threats in the future, and are responsible for and operational issues related to the Easement Area and to Renton's and City's assets, and Cooperate and share the cost equally to install and maintain Right of Way Gates and other improvements that will prohibit public access to the Easement Area and the Cedar River using the Easement Area. The location and design of the gate and improvements to be determined by mutual agreement, and Provide Police enforcement and cooperate with City's Security personnel, and Any other mutually agreed upon actions 11. Renton agrees that the City shall not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 12. It is understood and agreed by the Renton that all the terms, conditions and stipulations of aforesaid Easement Agreement, recorded in King County under King County Recording No. 20040401000154, remain in full force and effect. The terms, conditions and stipulations contained herein are in addition to the provisions of the aforesaid Easement Agreement. In the event of a conflict, the provisions of the Easement Agreement shall control. 080617 Final SPU Permit.doc Page 2 of 4 Bob Gambill SPU File # 371425 2008 06 10 Granted in conjunction with SPU R/W #371-610 GENERAL CONDITIONS: 1. The term "Grantee", as used herein, includes its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. 2. This Permit is not valid until signed by an authorized representative of the City of Renton and counter -signed as APPROVED by the Manager of SPU Real Estate Services. 3. Renton shall acquire no right or interest in the Easement Area, or to the occupancy of the same, or any part thereof, other than the easement rights already granted. 4. The use herein granted to Renton shall be non-exclusive and the City reserves to itself, its successors and assigns the right to use the Easement Area for any City purpose and grant other permits across said Easement Area, which shall not unreasonably conflict with Renton's operation of its Facilities. 5. This Permit is intended to convey limited use and rights only. None of the rights granted to the Renton shall affect the City's jurisdiction of, or power to perform work within its Easement Area. Renton shall in no way interfere with City's present or future use of its Easement Area. 6. Renton is solely responsible for determining the need for and obtaining all permits that are required in order to complete Renton's construction activities. 7. Renton has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Renton's construction activities. 8. Renton's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Renton agrees to restore the Easement Area to the condition found or better. 9. Renton shall ensure that no erosion, excavation, runoff, pollution, siltation or turbidity from its activities shall adversely affect the Easement Area or the surrounding environment. 10. If Renton has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Renton that the City determines as unacceptable within ten (10) days of notification by the City, the City may perform such work, and all reasonable costs incurred shall be billed to the Renton. Except the City may act immediately for conditions which pose a threat to public health, safety or the environment. The Renton agrees to pay such bills in a timely manner. 11. Renton agrees that it is responsible for limiting its use of the Easement Area to those purposes approved in the Permit and further agrees that all actions, operations or activities on or occupancy of the Easement Area, including without limitation any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, visitor or invitee of Renton, shall be the same as if performed or caused by the Renton. 12. This Permit is not transferable. 13. Construction shall be complete within 12 months, beginning on the date of APPROVAL by the Manager of SPU Real Estate Services. If construction work is not completed within 12 months, and the Renton has not violated any terms and conditions of this permit or the Easement Agreement, and the City does not have another project which would conflict with the Renton's construction, Renton can apply for a 12 month extension. 080617 Final SPU Pernut.doc Page 3 of 4 Bob Gambill 2008 06 10 FEES and COSTS: SPU File # 371-425 Granted in conjunction with SPU R/W #371-610 The Renton has paid the City $10,500, which has been deposited into SPU Guaranteed Deposit Account # 040391. From these funds Renton has paid a non-refundable Fee shall be withdrawn in the amount of $1,400.00. 2. In addition to the Fee of $1,400, as noted in the preceding paragraph #1 herein, Renton agrees to pay to the City for its costs associated with or caused by the Renton's construction of the Cedar River Spawning Channel or on -going operations or maintenance within the Easement Area. As of June 5, 2008, these costs total $5026.56, for a total cost to June 5, 2008 of $6,426.56. If the total costs to the City in conjunction with this Permit exceed the amount of the deposit, the Renton agrees, upon being billed, to pay all such costs. If the costs to the City in conjunction with this Permit are less than the amount of the deposit, the City will reimburse the Renton the remaining balance. Permit CONTACTS: TIIE CITY OF SEATTLE Emergency: call the 24-hour dispatch at Charlie Madden, SPU Engineering at Richard Cox, SPU Lake Youngs Operations (206) 386-1800, Ext. #3. (206) 684-5977 (206) 399-2496 or (206) 684-3933 All other correspondence or inquiries should be directed to: Bob Gambill, SPU Real Estate Services: Address: Seattle Public Utilities Real Estate Services — WTR Seattle Municipal Tower 700 5`' Avenue, Suite 4900 PO Box 34018 Seattle WA 981244018 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 (206) 684-5969 Contact: Ron Straka, Utility Engineering Supervisor Phone: 425-430-7248 Renton agrees to notify the City of any change in its contact information. SEATTLE PUBLIC UTILITIES APPROVED BY: 46qktl-t,s,e,�— C. HANSEN Manager, Real Estate Services Date t -�1J -a8 THE CITY OF RENTON ACCEPTED BY: dktbd lepartment , Administrator Public Works Date G n 080617 Final SPU Permit.doc Page 4 of 4 Bob Gambill 2008 06 10 SPU File # 371-425 Granted in conjunction with SPU R/W #371-610 THE CITY OF SEATTLE - SEATTLE PUBLIC UTILITIES (SPU). TEMPORARY USE il'EkMIT for RIGHT of WAY :SECURITY, and WATER TR ISI' 1SSJION Pip ii �CTION SPU,R/W #371-425 Granted in conjunction with SPU R/W #371 610 (Easement Granted. by Seattle to Renton) Whereas, City, has granted ;and th4e City, of Renton ("Reaton!j has accepted and entered into an Easement Agreement, authorized by City of Seattle orchnaxiee 1�To. 121156.; and recorded'tznderKing County Recordng No 20040401000154, hereto ;attached l7y reference ("Easement Agrnent"), which grants Renton;timrted use of a portiori of the City's East Side Supply Line 14 t of Way, ("Easement Area, in Section 21, Township 23 North, Range-5 E.W.M., all located in King County, State of Washington, for the purpose of ingress to and egress from City of Renton's Cedar River Spawning Channel Project ("Facilities"), and Whereas, Renton has notified the City that it is proceeding with construction of the Facilities, and Whereas, Section 13. of said easement provides, "This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon. time". Now therefore, in consideration of mutual and off -setting benefits, compensation as herein provided, and upon the execution of this TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION ("Permit"), the City confirms that Easement Agreement under King County Recording No. 20040401000154 still valid, and Subject to the terms and conditions contained herein, this PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION is made by and between the City of Seattle, acting by and through Seattle Public Utilities ("City") and the City of Renton ("Renton") for the purpose of construction of the Renton's Facilities. SPECIAL CONDITIONS 1. Prior to construction, Renton must contact Richard Cox of SPU Lake Youngs Operations at (206) 399-2496 or (206) 684-3933 and Charlie Madden of SPU Water Engineering at 206-684-5977 to arrange a Pre -Construction Meeting. 2. As per Provision 2 of the Special Conditions in the Easement Agreement 20040401000154, which states: "Ail vehicles are restricted to H-20 loading. Except for passenger vehicles, l-inch steel plating will be required for construction equipment or vehicles crossing over, or within I 0-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall. provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the Easement Area. 3. The City is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton's responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities, therefore: Prior to construction equipment entering Easement Area, Renton or its contractor shall submit a plan to Seattle Public Utilities a plan for crossing the City's Water Transmission Pipeline. Said plan shall be prepared by a Professional Engineer and shall take into consideration the loading and vibration caused by the construction vehicles and activities and shall include a process to request a stop work order from. the U.S. Army Corps of Engineers. 080617 Final SPU Permit.doc Page I of 4 Bob Gambill 2008 06 10 SPU File # 371-425 Granted in conjunction with SPU R/W #371-610 The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of P parties, whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area,that a. security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment. 4. Renton must immediately notify the City of any damage to the Water Transmission Pipeline. 5. Renton is liable for any damage to the City's Water Transmission Pipeline and Easement Area resulting from or connected with the Renton's Facilities or its use the City's Easement Area. 6. Copies of this Permit and pipeline crossing protection plan, must be available on -site during construction at all times. 7. The City may elect to have a construction inspector on site and/or make periodic site visits to monitor activities that occur within the Easement Area and enforce compliance with Permit requirements. The Renton shall be charged for such inspection as per provision #2 of the "FEES and COSTS" contained herein. The approximate hourly rate per is $75.00. 8. The Renton understands and agrees that all activities within the City's Easement Area are subject to the approved crossing plan. Activities that are not in compliance with the approved plan that create a risk of harm to the City's facilities are not authorized. In that event, the City's inspector may request a stop work order from the U.S. Army Corps of Engineers using the procedure set forth in the approved crossing plan. 9. Equipment and materials shall not be stored on the Easement Area unless a storage plan is submitted to Seattle Public Utilities for review and is approved. 10. Renton and City agree that it is in the mutual interest of each party to provide security to the Easement Area for the protection of the Spawning Channel and the Water Transmission Pipeline. Therefore Renton and City hereby agree to cooperate with each other and coordinate efforts in providing security, including: Provide each other with the names and contact information for the individuals responsible for security of the construction site, respond to security threats in the future, and are responsible for and operational issues related to the Easement Area and to Renton's and City's assets, and Cooperate and share the cost equally to install and maintain Right of Way Gates and other improvements that will prohibit public access to the Easement Area and the Cedar River using the Easement Area. The location and design of the gate and improvements to be determined by mutual agreement, and Provide Police enforcement and cooperate with City's Security personnel, and Any other mutually agreed upon actions 11. Renton agrees that the City shall not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 12. It is understood and agreed by the Renton that all the terms, conditions and stipulations of aforesaid' Easement Agreement, recorded in King County under King County Recording No. 20040401000154, remain. in full force and effect. The terms, conditions and stipulations contained herein are in addition to the provisions of the aforesaid Easement Agreement. In the event of a conflict, the provisions of the Easement Agreement shall control. 080617 Final SPU Pemiit,doc Page 2 of 4 Bob Gambill 2008 06 10 SPU File # 371-425 Granted in conjunction with SPU RAV #371-610 GEN- RAL CONDUIONS: 1. The.term "Grantee", as used herein, includes its officials, employees, agents, licensees, contractors, consultants invitees or representatives. 2. This. Pernut is not valid until signed by an authorized representative of the City of Renton and counter -signed as:APPR.OVED by the Manager of SPU Real Estate Services: 3. Renton shall aequ*mo right or interest in the Easement Area, or to the occupancy of the same, or any part thereof, other than the easement rrgtts. already granted. 4. The use herein granted to Renton shaltbe non-exclusive and the City reserves to itself, its successors and assigns the right to use the Easement Area for any City purpose and grant other permits across said Easement Area, which shall not unreasonably conflict with Renton's operation of its Facilities. 5. This Permit is intended to convey limited use and rights only. None of the rights granted to the Renton shall affect the City's jurisdiction of, or power to perform work within its Easement Area. Renton shall in no way interfere with City's present or future use of its Easement Area. 6. Renton is solely responsible for determining the need for and obtaining all permits that are required in order to complete Renton's construction activities. 7. Renton has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Renton's construction activities. 8. Renton's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Renton agrees to restore the Easement Area to the condition found or better. 9. Renton shall ensure that no erosion, excavation, runoff, pollution, siltation or turbidity from its activities shall adversely affect the Easement Area or the surrounding environment. 10. If Renton has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Renton that the City determines as unacceptable within ten (1.0) days of notification by the City, the City may perform such work, and all reasonable costs incurred shall be billed to the Renton. Except the City may act immediately for conditions which pose a threat to public health, safety or the environment. The Renton agrees to pay such bills in a timely manner. 11. Renton agrees that it is responsible for Limiting its use of the Easement Area to those purposes approved in the Permit and further agrees that all actions, operations or activities on or occupancy of the Easement Area, including without Imitation any use or occupancy of the Easement. Area by any official, employee, agent, representative, licensee, consultant, contractor, visitor or invitee of Renton, shall be the same as if performed or caused by the Renton. 12. This Permit is not transferable. 13. Construction shall be complete within 1.2 months, beginning on the date of APPROVAL by the Manager of SPU Real Estate Services. If construction work is not. completed within 12 months, and the Renton has not violated any terms and conditions of this permit or the Easement Agreement, and the City does not have another project which would conflict with the Renton's construction, Renton can apply for a 12 month extension. 080617 Final SPU Pernut.doc Pabe 3 of 4 Gmanidd in -conjunction with S-P-V Depbsit; itildra vi,fit the (200)-386-1800,,Ext. #3- (� 084-5977 (206) 399-2496 or (206)-68,4-3931 A-11 Other cOrreSPOndence or ifiquines should be directed to: Bob GantW SPU Real Easte Services: Address- Seattle Public Utilities Real Estate Services — MaR Seattle Municipal ToWer 70.0 5"A'venue, Suits 49W PO Box 3401 S Seattle WA 98,124-4018 City of Renton Sur facIP Water Utility - 5th floor 1055 $outh Grady Way Renton, Washington 98055 (206) 684-5969 Contact. go Stmb" Utility Engineering Supervisor Phone: 42543042, 8 1 4 Renton agrees to notify the City of any change in its contact information. Date 080617 Final SPU Permit doc Page 4 of 4 jEW.MV.F .RENTON ACC- DBE':. e2 ',kilministrator Public WorM Do =at Date 411-71' 'h M Li a N Z J Z of Fa. J W z N O w i- CL (n J } d HV) F S a z 0_ i I aw w m 3W N � ~ 3 W z -i LU J 3 a� I^ N Wo O o wvi ow z �� il� aS J O S F Q a LU U F CL �- J z 7 W WI._. O ~ WIL 2 W U Z W W } }W �O H Q ZLj Q yN� O h7 N OJ O Ga o = 3 U O a o o a r t w F N = N j w Z O W Z H O W a W la- O — N K 00 Q W zd p OF {- z U U V) In W oo U a >.M t W M o w W u vies a m �L w wd 0 i o 8 J H / y W K 1-- i- W J J F- zN z CL cf)U/O > > N 0W O w M Z Zd 2 O > > n.z O o Z z zF7 � W w O n,w O_Z W v1 J mZ OJ N Z F-Q, U N z > wJ vi � Jz o 3 J a 0o�w ZI z y M_j z IW- 0OCL w =0 = _jwi o C0E-- Ix- w on F Z F V1 NZ acr O Wz mJ (~j U WW20 0 W Z� 10 3 0: Q 0 OH ir W �p O 3J z M"-- O 3 t� W �y W w O 1 2 F-� wU H 0. NN � Y�Z H O � a 4 WI a¢ 07 W O U 2 OYO j C9 O a rn WN w �0 ',n 30 m ~ rx a w IL z z�ZwrolI zN o ao3W o Z X aZ N W OF w OOYYy'N aQ 0-W N QwW D_ U O w wUM z. 7U, O N QJr 0] z o VO JM z JNF a4z U = WZ OOJ Z}~ w o Y U aura > v~i U O O U K O O N04 W W1-O J =M UW W 0. 4:�,1J da W U !N z ZO W N K 0: m W =<a I J Q zS �H O U Owe H4 to x f = � W v W OW Ow VI O O Z Z0. O U .- N M d N <p f� CO Of r. C4 "i 4 c0 I m 3did 'VIO .E Lij - a �ZL i W ONI100.� OOOM L b Q � IL } W0y� J w a N ww O nd� N06 a VOZ �a'a ISi7 NI 31d1d 1N N3315 zt L' 0 ti I y 8 _ N w w II �il W N I ZZXOLM I N WAD zzzx—oLM Ili Imo- MOM �, I zzxoLM i si t 3 ---TIF— W—�I�-- IIIa.III I i a III n III CL W II III III I I I III III I L — . Y U I I K I 2 I s Q oLN w o. asa QK N 0 O00 � U J Z a H z z 3 m w ~ x J O ~ W Inz $ N LLI 0 zcez O p W W $ a U X Lu (7O d n- Q w N z V ' W _ O W in CL x W O Z n W W r0 Mu w V 4 a o vl Lnn U z x O 0 I � m Z O J w Z O U Lli V) 0 Z U) U) NON x U LiJ Z J LLJ CL us N Wzj w J U Q U CD o m F N r N J O w z Z ZZ m= m U m � N ~ u i U � O u � u N �N u L) u oU) w � o CL w Ew z LL ¢z La 0o a U o � v En o � o � V (3) O i Q oLL a° v cc c 3 CL o p • � O O "0 q 0) 0 a V (1) tm ._ O .Q N Q p> 4-0 u tm 0 , < GJ LL *� o a, a' ,> C. °O a O a _.0 fQ Q L ; 0 IA01 4- i cn fC _ 4-0 _ c � o LU rz W a O O v Q v ENGINEERING DESIGN SHEET OFFICE SYMBOL: PROJECT Ttnnn ��� -j v SUBJECT F,r a s 1V. t�- _ 3 2- . _ COMPUTED BY GpMUlE?r CHECKED BY DATE: 5- SHEET: OF: PART: 51 S" ( �� �V'lra� Temporary Bridge for SPU DL = 120 psf LL = HS20 Deck design: Tire Contact = 1.11 ft^2 u=c= 0.67 ft v = 1.67 ft Point Load spacing = a 4 ft Flange = 5 in Eff Spacing = 3.90 ft c = % spacing 0.17 c = 0.667 ft Load = 16 kip MILL max = 4.24 kip ft/ft MDL max = 0.228 kip ft/ft M max = 4.467 > y. 008 by Farid A. Chouery 3.564 Sx req = 1.9852 inA3/ft Plate thick = 0.9963 in USE 1' Steel decking 36ksi_�� Beam Design: it 11 span HS 20 -' �88 M from table = "�" Kip - ft Impact = 30 % 1.3 Distrib Wheel Load = 0.727 MLL max = 41.600 Kip - ft MDL max = 7.26 Kip - ft M max = 48.860 < 64.46 Sx req = `-1191;54 in^3 USE W10x22 50 KSI Steeln,, ,,/ Sx = 23.2 <> 19.54 a Compare with Uniform q0 4,227 kip/ft^2 M max = 8.02 kip ft / ft Sx = 3.564 inA3/ft Comppre with Point Load MILL max = 57.2 Kip - ft M max = 64.46 Kip - ft Temporary Bridge for SPU DL = 120 psf LL = HS20 Deck design: Tire Contact = 1.11 ft^2 u=c= 0.67ft v = 1.67 ft Point Load spacing = a 4 ft Flange = 5 in Eff Spacing = 3.90 ft c = % spacing 0.17 c = 0.667 ft Load = 16 kip MLL max = 4.24 kip ft/ft MDL max = 0.228 kip ft/ft M max = 4.467 > Sx req = . 1.9852 in^3/ft Plate thick = 0.9963 .in USE I'Steel decking 36ksi Beam Design: 9.5 span HS 20 9/25/2008 by Farid A. Chouery M from table = 76 Kip - ft Impact = 30 % 1.3 Distrib Wheel Load = 0.727 MLL max = 35.927 Kip - ft MDL max = 5.42 Kip - ft M max = 41.342 < 54.82 Sx req �/ 16.54 inA3 USE 10x19 50 KSI Steel Sx = 18.8 > 16.54 �A Compare with Uniform q0 4.227 kip/ft^2 Mmax= 8.02, kip ft / ft Sx = 3.564 inA3/ft Comppre with Point Load MLL max = 49.4 Kip - ft M max = 54.82 Kip - ft C'� W 10Xt'`� _ of- 0 Q w z m O Y J Lij w 0OZw H d U) a. cn J J w J w LL U) OLO) r`Di d U) W W U ry,U wQ >_z �O QU 0 D W rr, U I— U) z O U Z 0 z O z Z 0 w 0 �a3:vli L G%u 4-. cn CL O O O N n c � N co = C c� C: 3 � 0 o 0 Q J N Cl) s u ti 0 M g Z O Z L Q z J Z Z Z Ow a o � a � w ? m � Y � LLJ p LLI z w g� iw �� cn a m LLI J �cn w O _ w fvJ co VJ LLJ � U W Q :�! Z elf Of I-- Q U W ry U f— cn Z O U z a Ch. 8 Stresses within a Soil Mass x a 4 0,7 0.9 0.5 0.95 0.3 0.90 0.2 0.8 .7 0 OQs —= 0.1 e. 0.6 0.5 0.4 0.01 0.3 �Q8 1. 0.2 Fig. 8.7 Principal stresses under strip load. obtain elastic stress distributions for almost any loading and boundary:- conditions, Charts such as those given here are useful for preliminary analysis of a problem or when the computer is not available. Accuracy of calculated values of induced stresses. A critical question is: How accurate are the values of induced stresses as calculated from stress distribution theories? This question can be answered only by com- paring .calculated with actual stress increments for a number of field situations. Unfortunately, there are very few reliable sets of measured stress increments within soil masses (see Taylor, 1945 and Turnbull, Maxwell, and Ahlvin, 1961). The relatively few good comparisons of calculated with pleasured stress increments indicate a surprisingly good EL especially in the case of vertical stresses. A great number of such comparisons are needed to establish the degree of reliability of calculated stress increments, At the present stage of knowledge, the soil engineer must continue to use stress distribution theories based on the theory of elasticity for lack of better techniques. He should realize; however, that his computed stress values may be in error by as much as ±25 % or more, 8.4 PRINCIPAL STRESSES AND MOHR CIRCLE 105 As in any other material, the normal stress at a point within a soil mass is generally a function of the orienta- tion of the plane chosen to define the stress. It is meaning- less to talk of the normal stress or the shear stress at a point. Thus subscripts will usually be attached to the symbols a and r to qualify just how this stress is defined. More generally, of course, we should talk of the stress tensor, which provides a complete description for the state of stress at a point. This matter is discusses in textbooks on elementary mechanics, such as Crandall and Dahl (1959). The following paragraphs will state the essential concepts and definitions. Principal Stresses There exist at any stressed point three orthogonal (i.e. , mutually perpendicular) planes on which there are :ero shear stresses. These planes are called the principal stress planes. The normal stresses that act on these three pluses are called the principal stresses. The largest of these tlree��` ENGINEERING DESIGN SHEET OFFICE SYMBOL: N M P A 7d Z ra W Z w L. Z w? O WF N _5 O d v r-v� Z = a F WJ m 3'W EL CL O ~ V) W z JW J Qm w1?LLJ F V)' Wo p in Y �¢ V) w o >1~- w V) W Z J I- <= w ~ o a3 w = ~ F < r w p 4J z I V) WLLJ --1 W O W p a d N x co ~O w Q yV�j ZLi W > V M pJ p~ Lo — a a IZ y z� M 0 0 3� U 7 pU 1w.. V) wF p W W �- 1- N O V) ? j Z OW Z IS- Z J W p m E7 W O dm < O Y S H J N �cn � a H Cr CL OW O J 0 Q Z W S N Liz w O Ud' J LU J U V) m 3 N w M o U a )- w 1- w m M W V) v) �� -1 w 2 a F o w� a �dU. m CL W H OJ J J H V)O Z wO D j aZ 0 2 OpN O w O a d y wi mz LUY of N �' W Uw"� o H W 0- �z N 31: Z mZy� y� ? N 3 zOa W Z> J NZ S WZ_ 0 OU~ S w y ZpZ0 F=- F-am O m J U K m } O W JJN 0 K < N WW � �p p 3J Z d'FO O 3 Q W ¢ Z, 1w zO m �-� =a YDz OJ a WF- m w U a. D O O WWyW �W OYQ'� F¢.. 0 Z Mw & 5 �p O O I' T-S W a m N yW r w w a 0 d z Wm K 00 W 0QSZ la V) O y W z O O w 0V)woo>-a aQN mm WM o Q7Y, UUyWy�) = H QWWJS OW i0- 0 LLJ 2 WL>z aZwLJ O SU O Z Oa 0 ,wOQ aaw N�yw CL O0 ZO m X702! awa >W mDJ VZ O W W �N V) W W =<aZO Ow2 S W O OW 0 YO N dW U aN >W m p ow O Z Z O U C4 Pi .- N r) d N tp I� m 01 .- m I [O 3cdld 'VIIJ .£ ZO F- Q W Zl -� w ONIl00d DOOM b x o� Q O p W d Li = J wW �It of 00 N J O �Z �� N OI N N o �L'0 Z Q U NI or O � U Q a� 9km � � W Q Q O H Z x Z W d � � IA2 r) Q I Q Q uL f D a m U Structural Steel W Flange Section Properties Moment of Inertia, Steel Beam Size,Cross S �N G11`�1 F-1 Solutions By Design Structural Steel Wide Flange Section Properties Moment of Inertia, Steel Beam Size, Cross Section Area . Applications ications and Desi l . Engineering An@jysis . _n ing eet7ng Basics . Lng Calculators . En in>r eenng Materials . En ineerin tore Structural Materials Menu I Metal Products Supplier Engineering Materials Menu Structural Steel Wide Flange (1 Beam)Section Properties Moment of Inertia, Steel Beam Size, Cross Section Area 0'3to r.'tf W 12x53 15.6 12.06 9.995 0.575 0.345 425 95.8 W12x50 W12x45 14.7 13.2 12.19 8.08 0.64 F 0.575 0.37 0.335 394 56.3 350 50 W 12x40 W12x35 11.8 10.3 11.94 12.5 8.005 0.515 6.56 0.52 0.295 0.3 310 44.1 285 24.5 W12x30 8.79 12.34 6.52 0.44 0.26 Z38 20.3 W12x26 W 12x22 WIUI9 11 7.65 6.48 5.57 12.22 12.31 1 12.16 6.49 0.38 4.03 0.425 4.005 0.35 0.23 0.26 0.235 204 17.3 156 4.66 130 3.76 W 12x 16 4.71 11.99 3.99 0.265 0.22 103 2.82 WI2x14 4.16 11.91 3.97 0.225 0.2 88.6 2.36 Page 1 of 2 11Ndin Caiegb40S '$ Home Products and Serv_ice_s_ En in re In4 Forum > CAD Forum > En ing awing Design Data > Engineering Drafting Store > Engineering News Engineering Calculators > b we sletter Register > Advertise >Feedback PrintW.eb .a a E.What's New at 'Engineers Store? ` ca st-rtisrstini.shCgmP,�ia rsr $79.95 Asme Y14.5M-19H4 Geometric Dimensioning and! 0 T Training Copyright Notice http://www.engineersedge.com/standard_material/Steel_ibeam_properties.htm 10/92008 Structural Steel W Flange Section Properties Moment of Inertia, Steel Beam Size,Cross S... Page 2 of 2 \i'f' ! :3 N r. WIOx112 1 32.9 1 11.36 1 10.415 1 1.25 1 0.755 1 716 J 236 WlOx100 29.4 11.1 1O-3 T1.12 0.68 6 33 W I Ox88 25.9 10.84 10.265 0.99 0.605 534 _207 179 W 1 Ox77 22.6 10.6 10.19 0.87 0.53 455 154 W 1 Ox68 20 10.4 10.13 0.77 0.47 394 134 W 1 Ox60 17.6 10.22 ] 0.08 0.68 0.42 341 116 W 1 Ox54 15.8 10.09 10.03 0.615 0.37 303 103 W10x49 14.4 9.98 10 0.56 0.34 272 93.4 W10x45 13.3 10.1 8.02 0.62 0.35 248 53.4 W IOx39 11.5 9.92 7.985 0.53 0.315 209 45 W10x33 9.71 9.73 7.96 0.435 0.29 170 36.6 W 1Ox30 8.84 10.47 5.81 0.51 0.3 170 16.7 1 2 74j 1033 577 044 _ 026 144 141 , �V 1Ox22 6 4� �Q 1] $ 75 0 34 0 24 118 I 1 4 W10x17 4.99 10.11 4.01 0.33 0.24 81.9 3.56 W10x15 4.41 9.99 ® 0.27 0.23 68.9 2.89 W10x12 3.54 9.87 3.96 0.21 0.19 53.8 2.18 W8x67 19.7 I� 8.28 0.935 0.57 272 88.6 W8x58 17.1 8.75 8.22 0.81 0.51 228 75.1 W8x48 14.1 8.5 8.11 0.685 0.4 184 60.9 W8x40 11.7 8.25 8.07 0.56 0.36 146 49.1 W8x35 10.3 8.12 8.02 0.495 0.31 127 42.6 W8x31 9.13 ® 7.995 0.435 0.285 110 37.1 W8x28 8.25 8.06 6.535 0.465 0.285 98 21.7 W8x24 7.08 7.93 6.495 0.4 0.245 82.8 18.3 W8x2] ti.16 8.28 5.27 0.4 0.25 7� 5.3 9.77 W8x18 5.26 8.14 5.25 0.33 0.23 61.9 7.97 W8x15 4.44 8.11 4.015 0.315 0.245 48 3.41 W8x13 3.84 7.99 4� 0.255 0.23 39.6 2.73 W8x10 2.96 7.89 3.94 0.205 0.17 30.8 2.09 W6x20 5.87 6.2 6.02 0.365 0.26 41.4 13.3 W6x16 4.74 6.28 4.03 0.405 0.26 32.1 4.43 W6x15 4.43 5.99 5.99 0.26 0.23 29.1 9.32 W6x12 3.55 6.03 ® 0.28 0.23 22.1 2.99 W6x9 2.68 5.9 3.94 0.215 0.17 16.4 2.19 WSx19 5.54 5.15 5.03 0.43 0.27 26.2 9.13 WSx16 4.68 5.01 I ' J 0.36 0.24 21.3 7.51 W4x13 3.83 4.16 4.06 0345 0.28 11.3 3.86 CO Copyright 2000 - 2008, by FAvineers Edge, All rights reserved. Disclttt.'nl.er http://www.engineersedge.com/standard_material/Steel_ibeam_properties.htm 10/9/2008 1.. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT TABLE OF CONTENTS SECTION PAGE 1. GRANT AND LOCATION OF EASEMENT...............................................................I 1.1 Easement Property.................................................................1 1.2 Construction and Access..........................................................1 1.3 Right of Third Parties..............................................................1 1.4 Surveys, Maps, and Plans.........................................................1 2. PURPOSE OF EASEMENT...........................................................................................2 3. TERM.............................................................................................................................2 3.1 Term.................................................................................2 4. USE FEE......................................................................................................................2 4.1 Fee....................................................................................2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver.........................................................................2 5. NOTIFICATION OF ACTIVITIES........................................................................3 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS ..... 3 6.1 Grantee's Activities................................................................3 6.2 Restrictions on Use.................................................................3 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 i Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................4 9.1 Definition............................................................................4 9.2 Use of Hazardous Substances....................................................4 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......4 9.4 Notification and Reporting........................................................5 9.5 Indemnification .......................................... • .. • ....................... 6 9.6 Cleanup...............................................................................7 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights..............................................................8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...9 12.1 Existing Improvements............................................................9 12.2 Grantee -Owned Improvements...................................................9 12.3 Construction.........................................................................9 12.4 Performance Bond..................................................................9 12.5 As Built Survey................................................................... 10 12.6 Removal............................................................................10 12.7 Unauthorized Improvements.................................................... 10 13. INDEMNITY.........................................................................................................10 14. FINANCIAL SECURITY AND INSURANCE....................................................11 14.1 Financial Security ................................................................ 11 14.2 Insurance........................................................................... 11 14.3 State's Acquisition of Insurance ............................................... 13 14.4 Self Insurance..................................................................... 14 15, TAXES AND ASSESSMENTS............................................................................14 16. ADVANCE BY STATE........................................................................................14 17. NOTICE.................................................................................................................14 18. ASSIGNMENT......................................................................................................15 19. SUCCESSORS AND ASSIGNS...........................................................................15 20. TIME IS OF THE ESSENCE................................................................................15 21. RECORDATION...................................................................................................15 22. APPLICABLE LAW AND VENUE.....................................................................15 23. MODIFICATION..................................................................................................15 24. SURVIVAL...........................................................................................................16 25. INVALIDITY........................................................................................................16 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/1998 ii Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF RENTON, a government agency/entity ("Grantee"). Whereas, the State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantee dated May 9, 1998 and recognizes that the Department of the Army can apply for an assignment of this easement per Section 18 of this Easement, if needed due to a breach by the Grantee. SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the property described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants to Grantee a nonexclusive easement, for construction purposes only, over the property described in Exhibit B, which includes the Easement Property and such additional property as is reasonably necessary for construction on the Easement Property. This construction easement shall terminate upon completion of construction by Grantee. To the extent it can do so without violating any other contract or lease, State hereby also grants a nonexclusive easement on State-owned land and water on either side of the Easement Property, if any exists, for ingress and egress to gain access to the Easement Property and to construct improvements on and maintain and repair the Easement Property. 1.3 Right of Third Parties. This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. Form Date: 06/1998 11 of 18 Agreement No. 51-074605 SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the 1 st day of March, 2004 (the "Commencement Date"), and ending on the 29th day of February, 2094 (the "Termination Date"), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement. Grantee shall have the option to renew this Easement at the end of Initial Term for an additional term to be agreed at the time of renewal. Grantee shall notify the State of its desire to renew by providing written notice at least ninety (90) days prior to the Termination Date of the Initial Term of this Easement. Grantee shall not be entitled to renew if it is in default under the terms of this Easement at the time the option to renew is exercised and fails to cure the default in accordance with the provisions of Section 11. The terms and conditions of any renewal term shall be the same as set forth in this Easement, except that the Use Fee may be recalculated in accordance with the provisions of Subsection 4.1, and provisions dealing with hazardous waste, natural resource impacts, insurance, and financial security, may be changed at the time of each renewal. SECTION 4 USE FEE 4.1 Fee. Grantee shall pay a single use fee in the amount of Four Hundred Eighty Six Dollars ($486.00), which shall be due and payable in full on or before the Commencement Date. Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the date due, then Grantee shall, in addition to paying the late charges established above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. 4.3 Non -Waiver. State's acceptance of a use fee shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular use fee that was accepted. SECTION 5 NOTIFICATION OF ACTIVITIES Except in the case of an emergency, Grantee shall provide State with written notice of any construction or other significant activity on the Easement Property at least thirty (30) days in Form Date: 06/1998 2 of 18 Agreement No. 51-074605 advance. In cases of emergency, Grantee shall notify State of such activity no later than five (5) days after such activity commences. "Significant activity" means any activity that might affect State's or public's use or enjoyment of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources, except to the extent such damage is expressly permitted in Exhibit B, which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property, except to the extent such damage is expressly permitted in Exhibit B. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water column in the Easement Property. SECTION 8 COMPLIANCE WITH LAWS Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, orders, or requirements of any public authority affecting the Easement Property and the Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders. Form Date: 06/1998 3 of 18 Agreement No. 51-074605 SECTION 9 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 9.1 Definition. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any activities that result in the mechanical or chemical disturbance of on -site habitat mitigation; (4) If requested, Grantee shall allow reasonable access to the Easement Property by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and Form Date: 06/1998 4 of 18 Agreement No. 51-074605 (5) If requested, Grantee shall allow reasonable access to potentially liable or responsible parties who are the subject of an order or consent decree which requires access to the Easement Property. Grantee's obligation to provide access to potentially liable or responsible parties may be conditioned upon the negotiation of an access agreement with such parties, provided that such agreement shall not be unreasonably withheld. (c) It shall be Grantee's obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provide State with copies of any and all reports, studies or audits which pertain to environmental issues or concerns and to the Easement Property, and which were prepared for Grantee and submitted to any federal, state or local authorities pursuant to any federal, state or local permit, license or law. These permits include, but are not limited to, any National Form Date: 06/1998 5 of 18 Agreement No. 51-074605 Pollution Discharge Elimination System Permit, any Army Corps of Engineers permit, any state Hydraulics Project Approval, any state Water Quality Certification, or any Local Shoreline permit. 9.5 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of: (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise out of or are in any way related to Grantee's breach of the obligations of Subsection 9.3(b). This obligation is not intended to duplicate the indemnity provided in Subsection 9.5(a) and applies only to damages, liabilities, costs or expenses that are associated with a breach of Subsection 9.3(b) and which are not characterized as a release, threatened release, or exacerbation of Hazardous Substances. Form Date: 06/1998 6 of 18 Agreement No. 51-074605 9.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the Easement Property or other State-owned property arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee's obligation to undertake a cleanup of the Easement Property under this Subsection 9.6 shall be limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30)Aays prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days of the date Grantee is deemed to have received notice of State's intent to conduct any non -emergency Tests. The additional cost, if any, of split samples shall be borne solely by Grantee. Any additional costs State incurs by virtue of Grantee's split sampling shall be reimbursed to State within thirty (30) calendar days after a bill with documentation for such costs is sent to Grantee. Form Date: 06/1998 7 of 18 Agreement No. 51-074605 (d) Within thirty (30) calendar days of a written request (unless otherwise required pursuant to Subsection 9.4(b), above), either party to this Easement shall provide the other party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Easement Property performed by, or on behalf of, State or Grantee. There is no obligation to provide any analytical summaries or expert opinion work product. 9.8 Reservation of Rights. The parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION I TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach within one hundred twenty (120) days of State's notice. If the breach is not reasonably capable of being cured within the one hundred twenty (120) days, Grantee shall commence the cure within the one hundred twenty (120) day period and continue the cure with diligence until completion. In addition to terminating this Easement, State shall have any other remedy available to it. State's failure to exercise its right to terminate at any time shall not waive State's right to terminate for any future breach. If Grantee ceases to use the Easement Property for the purposes set forth in this Easement for a period of Form Date: 06/1998 8 of 18 Agreement No. 51-074605 five (5) successive years, this Easement shall terminate without further action by State and Grantee's rights shall revert to State. This Easement may also terminate if Grantee provides State with one hundred twenty (120) days written notice of its intent to terminate the Easement, in a form satisfactory to State. The United States has entered into a Project Cooperation Agreement with Grantee for a flood control project which includes this easement as lands required for the project. Prior to termination under this paragraph for the breach of a condition of this Easement, the State will provide similar advance notice to the United States as that which must be provided to the Grantee. Termination shall not occur if within that notice period the United States provides notice to the State in writing of its intent to cure the breach and curative action is initiated within a reasonable period of time thereafter. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.1 Existing Improvements. On the Commencement Date, the following improvements are located on the Easement Property: ("Existing Improvements"); none. The improvements are not owned by the State. 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. Form Date: 06/1998 9 of 18 Agreement No. 51-074605 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Grantee may be required to provide an as - built survey of the Easement Property. 12.6 Removal. Grantee -Owned Improvements shall be removed by Grantee by the Termination Date unless State notifies Grantee that the Grantee -Owned Improvements may remain. If State elects for the Grantee -Owned Improvements to remain on the Easement Property after the Termination Date, they shall become the property of State without payment by State. To the extent that Grantee -Owned Improvements include items of personal property which may be removed from the premises without harming the Easement Property, or diminishing the value of the Easement Property or the improvements, State asserts no ownership interest in these improvements unless the parties agree otherwise in writing upon termination of this Easement. Any Grantee -Owned Improvements specifically identified as personal property in Exhibit A or B shall be treated in accordance with this provision. Grantee shall notify State at least one hundred eighty (180) days before the Termination Date if it intends to leave the Grantee -Owned Improvements on the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. Form Date: 06/1998 10 of 18 Agreement No. 51-074605 SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) At its own expense, Grantee shall procure and maintain a corporate surety bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this Easement, with the exception of the obligations under Section 9 (Environmental Liability/Risk Allocation) above. The Bond shall be in a form and issued by a surety company acceptable to State. State may require an adjustment in the amount of the Bond. (b) Upon any default by Grantee in its obligations under this Easement, State may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not reinstate or cure the default or prevent termination of the Easement because of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; Form Date: 06/1998 11 of 18 Agreement No. 51-074605 (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance coverage shall be in place within thirty (30) days after changes in the limits of liability are required by State. (2) Property Insurance. Grantee shall procure and maintain property insurance covering all real property located on or constituting a part of the Easement Property in an amount equal to the replacement value of all improvements on the Easement Property. Such insurance may have commercially reasonable deductibles. (3) Worker's Compensation/Employer's Liability Insurance. Grantee shall procure and maintain: (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Form Date: 06/1998 12 of 18 Agreement No. 51-074605 Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Department of Natural Resources as an additional insured (except for State of Washington Worker's Compensation coverage, and Federal Jones Act and Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance described in Subsection 14.2 shall meet the following requirements: (1) Policies shall be written as primary policies not contributing with and not in excess of coverage that State may carry; (2) Policies shall expressly provide that such insurance may not be canceled or nonrenewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State; (3) To the extent of State's insurable interest, property coverage shall expressly provide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. Form Date: 06/1998 13 of 18 Agreement No. 51-074605 14.4 Self Insurance. Licensee warrants that it has the capacity to self insure for the risks and coverages specified in Section 14. Licensee's obligations under Section 14 may be met by providing evidence of self insurance that is acceptable to State. Any acceptance of Licensee's proof of self insurance by State must be obtained in writing. The decision to accept, or reject, Licensee's proof of self insurance is within the sole discretion of the State. Licensee must provide State with proof of continuing ability to provide self insurance within thirty (30) days of any written request by State for such proof. Licensee shall also provide State with written notice within seven (7) days of any material change in its ability to self insure, or to its program of self insurance. If Licensee elects to discontinue its program of self insurance, or if State provides written notice withdrawing its acceptance of Licensee's proof of self insurance, Licensee shall be subjected to the requirements of Section 14. Licensee shall be in compliance with the requirements of Section 14 prior to exercising an election to terminate self insurance coverage and shall comply with those requirements within thirty (30) days of receipt of any notice from State withdrawing its consent to self insurance. All sublease agreements must comply with the provisions of Section 14. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating to Grantee's improvements constructed pursuant to this Easement. SECTION 16 ADVANCE BY STATE If State advances or pays any costs or expenses for or on behalf of Grantee, including but not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements, or other amounts not paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent (1 %) per month from the date State notifies Grantee of the advance or payment. SECTION 17 NOTICE Any notices required or permitted under this Easement may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Form Date: 06/1998 14 of 18 Agreement No. 51-074605 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memorandum documenting the existence of this Easement in the county in which the Easement Property is located, at Grantee's sole expense. The memorandum shall, at a minimum, contain the Easement Property description, the names of the parties to the Easement, the State's easement number, and the duration of the Easement. Grantee shall provide State with recording information, including the date of recordation and file number. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. SECTION 22 APPLICABLE LAW AND VENUE This Easement shall be interpreted and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Form Date: 06/1998 15 of 18 Agreement No. 51-074605 SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: 20 D4l By:lk" �C� t ' 0 KATIA7 KEOLKER-WHEELER Attest: Bonnie I. Walton, City Clerk i T Dated: Title: Mayor Address: 1055 South Grady Way Renton, WA 98055 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: DOUGSUTHERLAND Title: Commissioner of Public Lands Address: 950 Farman Avenue North Enumclaw, WA 98022 Approved as to Form on November 7, 2003 by Alexandra K. Smith P^" 2 D Assistant Attorney General State of Washington Form Date: 06/1998 16 of 18 Agreement No. 51-074605 GRANTEE ACKNOWLEDGMENT STATE OF ss COUNTY OF E On this 14UI day of k-fi l , 20 G before me personally appeared KATHY KEOLKER-WHEELER to me known to be the Mayor of the government agency/entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said government agency/entity, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NE vM��yl ..0 i o NO-T y '$m'.lot 9,19 is jelii 1vP—U01-0 Vl✓l (Type/Print Name) Notary Public in and for the State of Washington residing at: ktn �m My Commission Expires: Form Date: 06/1998 17 of 18 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of ) On this day of , 20_, personally appeared before me DOUG SUTHERLAND, to me known to be the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. (Type/Print Name) Notary Public in and for the State of Washington residiniz at: My Commission Expires: Form Date: 06/1998 18 of 18 Agreement No. 51-074605 CE: SEATTLE I SYSTEM: WA2CCORNWALL I USER:ICPC .. z o c zi rn v. nna� _ 2i F Rp. f - .. _ lONAl10 Ol rp1N3b 86 L4 a ,Do 001 �J 83A1a 301 aGO 4L356Lf i z p m H m n > o , z's ocg'z 83AI8 aVa30 a mx M OIJ —' p mm� N O >x� n gA� .xo - > o etc Z I may r- m ;ga N 0 I iii3�'zzx'io.� ii� c `�mm�ARx� o2n o�go � A �' 2222222222 nnnnnnnnn nit.,°2 a 0. zzzzz2zv,wu,ng� mamwUON�O$gs� iC> �i' o mZn mt,ig"ia '_g^z xm 2 n g =2 N UGNO-yON�N � � �O� l7 _ NrN01'17 r^-F I�m cW SOIYI'42'W -2 Vann$o2577.39'n nAoC2ppm2O+D t a }OAIo��_4p` 5289.21' A m [ z m Lzj2 VI 1? ^O mp O b`� AOS~ uD ll MA � gnffAmm � nn FO pp2 O'\pEi2 bV�iAr2 ppD n�a a am1" N a m mOm D�1 a 0 $ o CC ; ^ m Kzm �►-a7q MBE CHECKED BY: DRAWN BY: CPC APPROVED BY: LAST EDIT: 02113103 PLOT DATE: 02174103 DATE I BY IREVII RE VISION CK'D Pn^ 1 t 1 " CITY OF RENTON RECORD OF SURVEY 3350 Yant, V111° P.1—ly DNR AQUATIC LANDS LEASE AREA B th,l,. W-h-Bt- 98021-8972 CEDAR RIVER WASHINGiON ' RENTON I113fDS�-1°0O a� SCALE:T a-^ -DRAWING FILE NAME: .A,1Ao 1 " = 20' 30948 0948-SURV-RS0 � N p • A F 10 F it OC nl s� s i n \ /• ! �\ c (.^ z 2 ' ro / r, �o�Jc.. ,��/n� ; �1 / _ /�,;- �•.` of \ \ aatij� N nyY9w =. `4 - y c ,- FpaoT.a�nc 50"sP'1Twt 50, •e 1'eTw n 2377. "no... �3 Oi5Z.0 IS N pzp ng2 C< h A AAA 'A onhh 2" z i O1 nzs nmc C1jA CN2"�Y Qi rx`, D An =0m c '� H [BIT 6 ' MBE CHECKED BY., DRAWN BY: CPC APPROVED BY: LAST EDIT: 02/73/03 PLOT DATE: 02114103 DATE I BY IREVII REVISION CK'D PR L � v x xmIx�APx z �zzzz i hhhh-'h� i nnnnn,-nn�z Z� AAof -gA 'zn^ M ;pA (� '^F F inoA A 2TV y n»a>�rr,>Zxz s O PPPPP�r'n P,hr�pA A�� ter^ ,°,' o-. o ,�i�Z±vx� pin a Fez RtOwyI 0I A �^ o an h i� l A�n �A Zs 'z n � ` N0117-58-E 528921' "On ^r2 OhL<t xg� <o�Uhh� FZg bvaAhvA 2p U_m0 Rmn S �g J1 m o o� Ag " s CITY OFRENTON RECORD OF SURVEY 3350 q°nle Ville Perk— Meshinglon 98021-89>2 ^' D1VR AQUATIC LANDS LEASE AREA , B°IAell. RENTON CEDAR RIVER WASHINGTON Q, -^ALE: pP^.!ECT NO. DRAWING FILE NAME:ra- 1" "` = 20' 30948 0948—SURV—RSO EXHIBIT B PLAN OF OPERATIONS AND MAINTENANCE Cedar River Channel Mitigation — Renton, WA City of Renton Easement No. 51-074605 Site Description and Present Use The site is located on the Cedar River at approximately River Mile 3.4 in Section 21, Township 23 N, Range 5 E, in Renton, Washington. The site is located east of the Rolling Hills Neighborhood and west of the Maple Garden Neighborhood. The Maplewood golf course is located near the site. The following fish utilize the Cedar River for spawning, rearing and migratory transport, steelhead salmon (Oncorhynchus mykiss), sockeye (O. nerka), chinook (O. tshaytscha), coho (O. kisutch), and bull trout (Salvelinus confluentus). Future Use and Condition On February 28, 2001 a salmonid ground -water spawning channel on the Cedar River was destroyed by the Nisqually Earthquake. The groundwater channel was originally constructed as mitigation for the United States Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction Project. The City of Renton requested assistance from the USACE to replace the destroyed channel. The City of Renton and the USACE evaluated sites and determined the site described above was the best location. An inlet and outlet for a spawning and rearing channel will be constructed by the City of Renton. The project is funded and managed by the United States Army Corps of Engineers. SECTION 2 PURPOSE OF EASEMENT The "Permitted Use" on this easement property is to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features on, over, and across the land delineated on Exhibit A attached, including: vegetative plantings; modifications and improvements within and adjacent to the river or shore for grade control or bank stabilization purposes; fish and wildlife habitat or other ecosystem improvements; placement of materials or structures in the bed, banks, or shorelines that influence river velocity or channel form; removal or placement of gravels, cobbles, and boulders, and other structures or conveyances to direct, recharge or maintain flow to a new spawning channel and wetlands. Exhibit B I of 3 51-074605 SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Routine maintenance may occur on the easement property such as cleaning and repairing of the channel inlet and outlet. Monitoring of the channel may include adult and redd counts, fry production surveys, and riparian habitat monitoring. Silt fencing, riprap, straw bales, and other temporary erosion control methods will be utilized to ensure sediment does not enter the Cedar River. Native trees, shrubs, and plants will be planted along the new channel to mitigate for the vegetation that is disturbed during construction. SECTION 8 COMPLIANCE WITH LAWS Grantee must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.3 Construction. Construction is permitted from June 16 to August 15. The following work will occur on State Land during this construction window: • An intake structure will be installed upstream of the project to convey flow from the Cedar River into the channel. The structure will be made. of a concrete headwall and wingwall, trash rack, concrete box culvert, control valve, and approximately 140 feet of pipe. • Construction of an open -channel outlet approximately 1,200 feet downstream from the intake structure to allow flow to re-enter the Cedar River and adult/juvenile fish to migrate to or from the channel. 12.6 Removal. The improvements that are to be constructed and maintained on the easement Properties under the authority of this Easement, including, but not limited to, the spawning and rearing channel are intended to be permanent. Prior to the Ninety Year Easement Termination Date, Grantees and State will negotiate in good faith to determine future responsibility for the operation and maintenance of the improvements. Any agreement on such future responsibility shall be in writing. If the Parties cannot agree on future responsibility for the operation and maintenance of the improvements by the Ninety Year Easement Termination Date, the Ninety Year Easement shall continue in full force and effect on a month -to -month tenancy until such time as a written agreement can be reached. SECTION 17 NOTICE Grantee shall designate a contact person for the Department of Natural Resources who has the responsibility of notifying the department of the status of the easement. The current contact persons are: Exhibit B 2 of 3 51-074605 City of Renton: Department of Natural Resources Ron Straka 1055 S. Grady Way —51" Floor Renton, WA 98055 (425) 430-7248 Monica Durkin, Snoqualmie Land Manager Shoreline District Aquatics Region 950 Farman Ave. Enumclaw, WA 98022-9282 (360) 825-1631 ext. 2006 SECTION 18 ASSIGNMENT The State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantees dated May 9, 1998 and under this Section recognize that the Department of the Army can apply for an assignment of this easement, if needed due to a breach by the Grantees. Exhibit B 3 of 3 51-074605 City of Renton Finance Department Request for Claims Date of Request March 11, 2004 Date Required March 20, 2004 Requesting Department PB/PW, Surface Water I Authorized Signature REASON FOR CHECK Deposit Refund Other Name Amount Finance Receipt No. Receipt Date Describe Circumstances Requiring Issuance of Check: Compensation for City Access Easement from Shadow Hawk I Condominium Owner's Association CHECK PREPARATION INSTRUCTIONS Amount $6,500.00 Charge to Account(s) 421.000600.018.5960.0038.65.065095 WO 65190/ FN 5100 Payable To Shadow Hawk I Condominum Owner's Asscciation Address c/o Bryan White 25400 74`h Ave South Kent, WA 98032 �,�t�v Soc Sec or IRS ID No Mph 5 �7k�� CHECK AUTHORIZATION - Finance Department Use Only on � EIJCaims Check No: .Z1 ❑ Mail Check to Payee ® Return to Dept. Other: T. f I- FIS006.doc\c Rev: 10/99 3-16-04; 8:58AM;SPU REAL PROP SVCS ;205 615 1215 0 1/ 13 '1 Seattle Public Utilities Seattle Public Utilities REAL ESTATE SERVICES Key Tower, Suite 4900 700 5th Avenue Seattle, WA 98104-5004 FAX: NUMBER OF PAGES INCLUDING COVER PAGE: rl DATE: 3` f(O ® CO) Aj TO: akptiiTl4K muN41v PHONE: -72-41 141A0 V% FAX: &Z<o—T 3 JtkE!�i— FROM: Bob Gambill PHONE: (206) 684-5969 Real Estate Services FAX: /� (206) 615-1215 RE: C, j AAr' R 1 vtov !;Oaw LI f" n Colo% ar N M +t I Doe.. o M e;k 4' MESSAGE: Tr,a c N r—n •• 's° Iii•Oq Le4d-e 4.0 ewn21qjmar^.aft AT I J, di'd �� loll geA-,40b, 0 A pifle Ae 15PI6 3-16-04; 6:58AM;S-U REAL PROP SvCS ;205 615 1215 = 2/ 13 City of Seattle ` �'JN� Gre o J. Nickels Ma or Gregory Y Seattle Public Utilities Chuck Clarke, Director March 16, 2004 Greg Zimmerman, P.E. Administrator, Planning/Building/Public Works Department City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Use of City of Seattle's East Side Supply Line Right of Way (ESSL RM/) during construction of City of Renton Cedar River Spawning Channel Dear Mr. Zimmerman: Accompanying this letter is a copy of the easement agreement granted to Renton by the City of Seattle for ingress and egress. Please note that it has not been initialed on page 4 by a Renton official, The easement agreement authorizes ingress and egress but does not provide for construction staging and related traffic. Provision 2 of the Special Conditions states: `All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way." Therefore, prior to recording the easement egreement and prior to Renton proceeding with construction activity that utilizes the SPU right-of-way, Renton must provide a submittal (Construction Access Plan) for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used. SPU's approval of this submittal will be in the form of a Temporary Use Permit and Construction Agreement (Construction Agreement). A draft copy accompanies this letter. Included in the Construction Agreement is a provision for the reimbursement of SPU operational costs associated with or caused by the construction of the Cedar River Spawning Channel. As of March 15, 2004 these costs total $5026.56. SPU expects to incur additional costs during the construction. There are no SPU costs charged to Renton for the processing of, or granting the easement. This was done in exchange for Renton obtaining an access easement over the Shadow Hawk property. If you have any questions regarding this matter, please feel free to contact me. Phone: 206-684- 5969. Email: bob.gambill@seattle.gov. Sincerely, 140� Jkwe�L4 Bob Gambill, SR/WA Sr. Real Property Agent Key Tower Building, 700 5th Ave, Suite 4900, PO Box 34018, Seattle, WA 98124-4018 Tel: (206) 684-5851, TTY/TDD: (206) 233-7241, Fax: (206) 684-4631, Internet Address: http://%r%w.seattle,gov/ubl/ An equal employment opportunity, affirmative action employer. Accommodations for people with disabilities provided upon request. 3-16-04; 8:58AM;5='U REAL PROP SdCS ; 2Q6 615 12,15 # 3/ 1 3 Bob Gambill 03/ 15/04 SPU File # 371-610 DRAFT - THE CITY OF SEATTLE - SEATTLE PUBLIC UTILITIES (SPU) TEMPORARY USE PERMIT and CONSTUCTION AGREEMENT Granted in conjunction with SPU R/W #371-610 THIS TEMPORARY USE PERMIT and CONSTRUCTION AGREEMENT (the "Construction Agreement") is made by and between the City of Seattle, acting by and through Seattle Public Utilities (the "City") and the City of Renton (the "Permittee"), Whereas, City has granted and the Permittee has accepted and entered into an Easement Agreement, recorded in King County under King County Recording No. (SPU #371-610, copy is hereto attached as Exhibit "B") and authorized by City Ordinance No. which grants Permittee limited use of a portion of the City's East Side Supply Line Right of Way (the "ESSL R/W"), for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project") as depicted the plans titled "CEDAR RIVER MITIGATION Renton, Washington, Permit Drawings, that contain 15 plan sheets, and dated (the "Permit Drawings'), Whereas, the Easement Agreement granted to Renton by the City of Seattle is for ingress and egress. It does not provide for construction staging or related traffic. Provision 2 of the Special Conditions states: "All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10- feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way." Whereas, the City requires that prior to entering the ESSL R/W for construction purposes the City of Renton or its contractor shall provide for review and approval a "Construction Access Plan" to the City, that describes procedures regarding crossing protection, equipment to be used, and how the equipment will be used within the ESSL R/W, and Whereas, SPU has been provided with, and has reviewed and approved said procedures regarding crossing protection, equipment to be used, and how the equipment will be used within the ESSL R/W, a copy is hereto attached as Exhibit "A" the "Construction Access Plan", Now Therefore, The City hereby grants the Permittee the right to enter upon City's ESSL RM for the purpose of construction of the Permittee's Project, SUBJECT TO The following terms and conditions: SPECIAL CONDITIONS 1. The Permittee shall adhere to the Construction Access Plan (Exhibit "A"). 2. Any deviation from the Construction Access Plan can be made only after approval of the City. Any such changes made in the field shall be documented and signed by the City's Inspector and the Permittee's authorized representative and forwarded to Bob Gambill, at SPU, Real Estate Services. 3. The Permittee understands and agrees that all activities within the City's ESSL R/W are subject to the direction and approval of the City's Inspector, and the City reserves the right Page 1 of 4 3-16-04; 8:584N4;S-0 REAL PROP S,C.E ,205 615 1215 = 4/ 13 Bob Gambill 03/15/04 SPU File # 371-610 to stop work or modify the method of any activities within its ESSL R/W if necessary to protect the City's facilities. 4, At least 2 weeks prior to entering SPU property to begin construction, Permittee must contact Tony White, SPU Lake Youngs Operations at 206-684-1840 and Shaunie Cochran, SPU Water Engineering at 206-615-0825 to arrange a Pre -Construction Meeting. 5. A "Notice to Proceed" document will be issued to the Permittee after the Pre -Construction Meeting and when SPU is satisfied that there are no further issues that need to be resolved. 6. Copies of this Permit and the aforesaid Easement Agreement, together with all the EXHIBITS noted in this Permit and the Easement and Agreement, must be available on -site during construction at all times. 7. This Permit is intended to convey limited use and rights only. None of the rights granted to the Permittee shall affect the City's jurisdiction of, or power to perform work within its right of way. Permittee shall in no way interfere with City's present or future use of its right of way. 8. The terms, conditions and stipulations contained herein are in addition to the provisions of the aforesaid Easement Agreement, It is understood and agreed by the Permittee that all the terms, conditions and stipulations of aforesaid Easement Agreement remain in full force and effect. 9. Permittee is solely responsible for determining the need for and obtaining all permits that are required in order to complete Permittee's construction activities. 10. Permittee has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Permittee's construction activities. 11. Permittee's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Permittee agrees to restore the premises to the condition found or better. 12. Permittee agrees to protect Seattle Public Utilities Facilities and roadway surfaces from damage by the construction, alteration, or maintenance of the Spawning Channel. The costs to repair and restore any SPU facilities or roadways shall be borne by the Permittee. 13. Permittee agrees that the City shall not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 14. Excavation for the Spawning Channel shall not expose the ESSL or its casing. A minimum of 3 feet of cover shall be maintained over the ESSL. Contractor must provide a submittal for SPU to review and comment on work to occur within the City's right of way. GENERAL CONDITIONS: 1. This Permit is not valid until signed by an authorized representative of the City of Renton and counter -signed as APPROVED by the Manager of SPU Real Estate Services. 2. Permittee is responsible for limiting its use of the ESSL R/W to those approved by this Permit. 3. Permittee agrees that the actions of any agents or invitees of the Permittee are considered to be the same as if performed or caused by the Permittee. 4. Permittee shall ensure that no erosion, excavation, runoff, pollution, siltation or turbidity from its activities shall adversely affect the right of way or the surrounding environment. Page 2 of 4 3-16-04; 8: 58AM;S=-U REAL PROP SVCS :205 615 1215 it 5 / 1 3 Bob Gambill SPU File # 371-610 03/15/04 5. Permittee agrees to repair any damage to the City's ESSL R/W resulting from the Permittee's use, and to restore the City's ESSL R/W to its original condition within 10 days of completion of the work or the termination of this permit, whichever is sooner. 6. If the Permittee has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Permittee that the City determines as unacceptable within ten (10) days of notification by the City, the City may perform such work, and all reasonable costs incurred shall be billed to the Permittee. Except the City may act immediately for conditions which pose a threat to public health, safety or the environment. The Permittee agrees to pay such bills in a timely manner. 7. This permit is not transferable. DATE and TERM: 1. This permit is valid until December 31, 2004, beginning on the date of APPROVAL by the Manager of SPU Real Estate Services. FEES and COSTS: 1. Permittee has paid a non-refundable Permit Fee in the amount of $500.00. 2. In addition to the Permit Fee of $500, as noted in the preceding paragraph #1 herein, Permittee agrees to pay to the City for its costs for plan review, on -site inspections and other operational costs associated with or caused by the Permittee's construction of the Cedar River Spawning Channel or on -going operations or maintenance within the easement area. Grantee, agrees to deposit with the City the sum of money equal to the City's estimated costs. If the costs to the City in conjunction with this permit exceed the amount of the deposit, the Permittee agrees, upon being billed, to pay all such costs. If the costs to the City in conjunction with this permit are less than the amount of the deposit, the City will reimburse the Permittee the remaining balance. Pursuant to this provision, the Permittee has deposited $10,000.00 with the City into GDA Account As of March 15, 2004 these costs total $5,026.56. CONTACTS: The City of Renton: Contractor: Page 3 of 4 3-16-04; 8:58AM;SZIU REAL PROP SVCS ;205 615 1215 $9 6i 13 Bob Gambill 03/15/04 Seattle Public Utilities 24 Hour Emergency contact number: Tony White, SPU Lake Youngs Operations Shaunie Cochran, SPU Engineering at ?? , SPU Construction Management: All other correspondence or inquiries should be directed to: Bob Gambill, SPU Real Estate Services: Address: Seattle Public Utilities Real Estate Services — WTR Seattle Public Utilities Key Tower Building 700 51h Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 SPU File # 371-610 206-386-1800 425-255-2242 206-615-0825 206-684-1840 206-684-5969 APPROVED BY SEATTLE PUBLIC UTILITIES THE CITY OF RENTON Ron Perkerewicz, Manager Real Estate Services Date: 0 Printed Name Title Date: Page 4 of 3-16-04; 8=58AM;S= U REAL PPOP _VCS ;205 615 1215 ti 7i 13 Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 Reference #s of Documents Released or Assigned Grantor: Grantee. - Legal Description (abbreviated): Tax Parcel ID #: none CITY OF SEATTLE, a municipal corporation of the State of Washington CITY OF RENTON, a municipal corporation of the State of Washington Pt. of the W Y2 of the NE X of Sec. 21, T. 23 N., R. 5 E. W.M. Pt. of 212305-9040 SPU # 371-610 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this //t� day of Rdrek , 2004 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project"), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 3-16-04; 8:58AM;S�U REAL PROP SVCS 205 615 1215 az 8/ 13 GENERALTERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. T Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law, 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental Laws (as defined in section 10.8), including those governing, or in any way relating Page 2 r 3-15-04; 8:584M;S=U REAL PROP SVCS 205 61S 1215 # 9/ 13 to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remed;ate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in place of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not limited to: the Federal Clean Air Act; the Federal Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right -to - Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11, Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Page 3 3- 1 6-04 : 8 : 58AM9 S=U REAL PROF SVCS 106 615 1215 a 10; 13 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and 8 of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12. Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3o Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area. Page 4 �-1E-04: 8: 544M:_� U REAL I'Rou =,I` 20E 615 1[ 1 `J 1F 1 1/ 1 3 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities Real Estate Services — WTR 710 Second Avenue — 101h Floor Seattle, Washington 98104-98055 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Se tle By: CHUCK CLARKE, Director Seattle Public Utilities STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The Ci of Renton By: GREGG ZI M RM d inistrator Planning/B it ngl ublic Works Department I certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 0� _Mh- 6. �Rao bz Notary (print name) b Ada 'N Notary Public in nd for the State of Washington, residing at c% J� a j1q My Appointment expires Page 5 3-16--04; 8:58AM;S�U PEAL PROP .- ;205 615 1215 4 12/ 13 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated:6v�-4 Notary (print name),fs :c°, pTAgy�9N: Notary Public in and for the State of Washington, N PuBoG : _ residing at 70-19-13 My Appointment expires ( l OF`WASN��, Page 6 L 96ed (A z z o ix 4i ill1jr XL u LJ (A ol LL z -i Iz < a. 0 C9 ul w I iMn w V) Li .1 C: C-3 0 —i UJ Lu En 0 M Cl (A u a. W 0 w R all ro tl;) um Ll 0 v I I v O w w cc eg EL /St *t G�Z� 9L9 GOZI SOAS 608d -IVAd ncStVqVSG:9 ttO-9�-E BGTE February 5, 2003 Ord- Accept & Grant Esmt. City of Renton (Ver.3) 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE AN ORDINANCE relating to Seattle Public Utilities; authorizing the grant of an easement to the City of Renton, Washington for access across a portion of The City of Seattle's East Side Supply Line right-of-way; and authorizing the acceptance of an easement from Shadow Hawk, L.L.C. to The City of Seattle for permanent access rights to such right-of-way, both easements located in Section 21, Township 23 North, Range 5 East, W.M, King County, Washington. WHEREAS, The City of Seattle ("City") has need of a permanent easement to cross private property owned by Shadow Hawk, L.L.C. ("Shadow Hawk") in order to access a portion of the City's East Side Supply Line right-of-way ("ESSL"); and WHEREAS, the City of Renton, Washington ("Renton") has need of a permanent easement to cross a portion of the ESSL in order to access Renton's Cedar River Spawning Channel Replacement Project ("Spawning Channel"); and WHEREAS, Renton has obtained the authorization of Shadow Hawk to grant the City an easement for access to the ESSL in exchange for the City's agreement to grant Renton an easement for access to the Spawning Channel; and WHEREAS, the City has determined that the grant and acceptance of the above -described easements are in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. The Director of Seattle Public Utilities ("SPU") is authorized on behalf of the City to execute a permanent, nonexclusive easement agreement with Shadow Hawk, substantially in the form attached hereto as Exhibit A, for City access to the ESSL, over the portion of property owned by Shadow Hawk and legally described in Exhibit A. The Director of SPU may accept said easement agreement on behalf of the City by indicating thereon his written acceptance. The property interest granted by said easement agreement shall be placed under the jurisdiction of Seattle Public Utilities. Section 2. The Director of Seattle Public Utilities is authorized on behalf of the City to execute a permanent, nonexclusive easement agreement with Renton, substantially in the form attached hereto as Exhibit B, which agreement grants Renton an easement for access to the Spawning Channel across the portion of the ESSL legally described in Exhibit B. 1 BG:FE February 5, 2003 Ord- Accept & Grant Esmt. City of Renton (Ver.3) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3. Any act consistent with the authority of this ordinance and prior to its effective date is hereby ratified and confirmed. Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020. Passed by the City Council the day of , 2003, and signed by me in open session in authentication of its passage this day of , 2003. Approved by me this President day of , 2003. of the City Council Gregory J. Nickels, Mayor Filed by me this day of , 2003. City Clerk (Seal) List of Attachments Exhibit A: Easement Agreement from Shadow Hawk, L.L.0 to The City of Seattle Attachment A to Exhibit A: Map of the Easement Area Exhibit B: Easement Agreement from The City of Seattle to the City of Renton Attachment A to Exhibit B: Map of the Easement Area 2 SHADOWHAWK I HOMEOWNERS ASSOCIATION Board of Directors CO - President Bryan White 1006 Lynnwood Court SE, # 1029 Renton, WA 98058 (206) 349-2405 bryanw@pageantry.com CO - President Terry James 3200 SE 12th Street, # 1043 Renton, WA 98058 (425) 226-0300 terry.james@ctxmort.com Secretary Jessica Maldonado 3030 SE 12th Street, # 1078 Renton, WA 98058 (425) 255-2731 maldoje@msn.com Treasurer Vicky Brown 3004 SE 12th Street, # 1072 Renton, WA 98058 (425) 917-3276 brownjd7@aol.com Member at Large BJ Raynes 1006 Lynnwood Court SE, # 1028 Renton, WA 98058 (425) 793-5871 bjraynes@comcast.net February 5, 2004 Shadow Hawk I HOA Meeting 6:30pm Members in Attendance: Jessica Maldonado, Secretary Vicky Brown, Treasurer BJ Raynes, Member at Large Terry James, Co -President Bryan White, Co -President Paul Bova, CDC Management Meeting was called to order at 6:30pm The meeting minutes were approved for January's meeting Financial Review: Assessments were reviewed for Delinquencies. Beginning March 1, 2004 all owners late in payment will be assessed the $25 late fee that was approved by the board in January 2004. Old Business: Easement Issue on backside of property: City of Renton will pay to use and have access to the easement. The board will review and sign the necessary documents to complete this agreement. Community Rules: All board members will review a draft of rules designed for a similar community and edit them to fit the Shadow Hawk I community. These rules will be completed and finalized by the next meeting, which is March 11, 2004. Any additions or addendums to the rules will be completed during following months as issues arise. Home Owners will receive a copy of the Rules & Regulations by the end of March. Overflow Parking Lot: This issue will be tabled until action or design is begun in late Spring for resurfacing. New Business: Traffic STOP signs will be ordered and installed at the intersection of SE 12"' Street and Harrington Drive. An Informational Letter about the HOA Board and CDC Management, along with a contact phone number will be sent out to Home Owners during the week of February 9, 2004. The meeting was adjourned at 8:00pm. CITY OF RENTON PLANNING/BUILDING/PUBLIC WOR ¢ `~1L 1j rj MEMORANDUM FEB 2 U 2004 C►Tv OF pue, .0 , RFNTc)N DATE: February 20, 2004 ADMAN TO: Greg Zimmerman, PBPW Administrator 'I// FROM: Ron Straka, Utility Systems Supervispr T STAFF CONTACT Chris Munter, Project Manager, x7205 SUBJECT: Cedar River Spawning Channel Seattle Public Utilities Easement The City has received the signed City of Renton Access and City of Seattle Access Easements from the Shadow Hawk Homeowner's Association. In exchange for the City of Renton securing an access easement for the City of Seattle for the Shadow Hawk Homeowner's Association, Seattle agreed to grant the City of Renton an access easement over their utility right-of-way. Now that we have the Shadow Hawk access easement for Seattle, we are prepared to finalize our access easement over the Seattle Public Utilities right-of-way to allow access to the Spawning Channel Replacement project site. The City Attorney has previously approved this document as to legal form (see attached). Attached is the blank easement document for your signature. Please sign and return the signed easement document to Chris Munter. Once signed, both easements will be hand delivered to SPU for signature by their Director and recording. If you have any questions or need additional information, please contact me at x7248. Attachments cc: Lys Hornsby H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 3046 Spawning Channel Replacement Project\1200 - Real Estate\City of Seattle\Final EasementGregMemo02l92004.doc\RStp 4, CITY OF RENTON T Office of the City Attorney R Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM "EcavE® APR 2 1 2003 To: Ron Straka, PBPW CITY iNs ST ms From: Lawrence J. Warren, City Attorney Date: April 17, 2003 Subject: Seattle Public Utilities Easement Review #2-Cedar River Spawning Channel Replacement Project The easement is approved as to legal form. Lawrence J. arren LJW:tmj cc: Jay Covington Gregg A. Zimmerman, PE Chris Munter Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 Reference #s of Documents Released or Assigned Grantor: Grantee: Legal Description (abbreviated): Tax Parcel ID #: none CITY OF SEATTLE, a municipal corporation of the State of Washington CITY OF RENTON, a municipal corporation of the State of Washington Pt. of the W'/z of the NE V4 of Sec. 21, T. 23 N., R. 5 E. W.M. Pt. of 212305-9040 EASEMENT AGREEMENT SPU # 371-610 THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this day of , 2003 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project"), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 GENERALTERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental Laws (as defined in section 10.13), including those governing, or in any way relating Page 2 to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in place of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not limited to: the Federal Clean Air Act; the Federal Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right -to - Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11. Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Page 3 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12. Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and,Grantee agrees to provide law enforcement for the Easement area. Page 4 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities Real Estate Services — WTR 710 Second Avenue — 10`h Floor Seattle, Washington 98104-98055 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Seattle The Ci of Renton By: By. . CHUCK CLARKE, Director GREGG ZI M RM d inistrator Seattle Public Utilities Planning/B it ng/ ublic Works Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Page 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. 1 1 Dated: r Notary (print name).t d' 'OTARy 9N Notary Public in and for the State of Washington, PVBLXG 2 residing at�- t��'i°�� r0.19.0t•\�C���=' My Appointment expires _ Page 6 . . . f Attachment A 04 rri rn r- . .. ............ .. OZ> 05 AZ 7� zM C X Page 7 0- � Z . ............ - "R CITY OF RFNTON Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator February 17, 2004 Bryan White, President Shadow Hawk Homeowner's Association c/o Pageantry Communities 25400 74 h Ave S Kent, WA 98032 SUBJECT: COMPENSATION FOR ACCESS EASEMENT TO THE CITY'S SPAWNING CHANNEL PROJECT Dear Mr. White: This letter is to verify the City of Renton's agreement to compensate the Shadow Hawk Homeowner's Association for the Access Easement to the City's spawning channel project. The amount of compensation shall be the appraised value of $6,500.00. The City shall pay the compensation within 30 days of receipt of the signed and notarized easement documents. Thank you for your cooperation. If you have any questions, please call Chris Munter, Project Manager at 425 430-7205. Sin ly, d Ron Stra , P. . Surface Utility Engineering Supervisor cc: Lys Hornsby Chris Munter H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\273046 Spawning Channel ment Project\1200 - Real Estate\Pagentry\CompensationLetter02l82004.doc\CMtp _ 1055 South Grady Way - Renton, Washington 98055 1\ 1.. I 1 tJ I ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE POLICY & PROCEDURE Subject: I Index: Administration PROCEDURE FOR ACQUISITION OF I REAL PROPERTY I Number: 100-11 Effective Date I Supersedes I Page I Staff Contact I pproved By I I I I 2/l/95 1 N/A 1 1 of 2 1 L.J. Warren I 1 ' W To establish a procedure for the acquisition of real property and the procedure for filing of conveyancing documents and assigning responsibility for maintenance. 2.0 ORGANIZATIONS AFFECTED: All departments and divisions. 3.0 REFERENCES: Chapters 65.08 RCW and 8.12 RCW. 4.0 POLICY: 4.1 Each department is responsible for following the procedure for acquisition of real property when that department generates the request to acquire real property. 4.2 All real property conveyances shall be prepared or reviewed by the City Attorney (unless otherwise arranged with the attorney). Any legislation necessary to authorize the acquisition of real property shall be prepared by the City Attorney. 4.3 The original conveyancing document shall be given to the City Clerk for filing, or if closed through formal escrow, the original conveyancing document must be forwarded to the City Clerk upon receipt. 4.4 Except for routine acquisitions of easements, right-of-way or title incident to a City public works project previously funded and approved by the City Council, all acquisitions for real property must first be approved by the City Council with a budget authorization in the appropriate amount. The budgeted amount shall include any amounts necessary for relocation assistance as required by state or federal law. 5.0 DEFINITIONS: 5.1 The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged, or assigned or by which the title to any real property may be affected. 5.2 Condemnation is the use by the government of its eminent domain powers. 5.3 Eminent domain is the government's power to take private property for public use. PROCEDURE FOR ACQUISITION OF REAL PROPERTY Page 2 5.4 The term "real property" includes lands, tenements and hereditaments and chattels real and mortgage liens thereon except a leasehold for a term not exceeding two years. 6.1 Except for routine acquisitions of easements, right-of-way or title incident to a City public works project previously funded and approved by the City Council, requests for authorization to acquire real property shall be made to the City Council prior to any substantive steps being taken to acquire the real property. 6.2 No authorization to proceed to acquire real property shall be acted upon until there is a budget established in the appropriate amount to acquire the real property. 6.3 In those instances in which legislation is necessary to authorize acquisition of real property, such as the use of the power of eminent domain (condemnation), such legislation shall be prepared by the City Attorney and approved by the City Council prior to any substantive steps being taken to acquire the real property. 6.4 The department initiating the request to acquire real property shall assess the relocation assistance requirements of the project established by state and federal law including that sum within any budget request for the acquisition, and may request assistance from the City Attorney's office and any experts necessary to gauge and negotiate the appropriate amount of relocation assistance. 6.5 In eminent domain cases, a copy of any order of use and possession shall be forwarded to the City Clerk for inclusion in the official City files. If payment of money is necessary to acquire the order of use and possession, a request for payment shall be made to the Finance & Information Services Department with payment being from the budget provided for that acquisition. 6.6 Any original conveyance document shall be provided to the City Clerk for filing, or if the transaction is closed through formal escrow, the original conveyance will be forwarded to the City Clerk upon receipt by the City Attorney or any City department. When the transaction is closed through formal escrow, a copy of the conveyance showing recording numbers shall be provided to the City Clerk. 6.7 A copy of the property excise tax form to be filed with the original conveyance shall be forwarded to the City Clerk. If the original of the conveyance was not forwarded to the City Clerk, notice of the recording number shall be provided as soon as available. 6.8 The originating department shall determine the use to which the property is to beput and which department has maintenance responsibility for the property. If the originating department cannot determine this information, the originating department shall call a meeting at which these issues will be determined.. If those issues have not been fully determined by this meeting, the originating department shall forward the issue to the Mayor for final disposition. This information shall be kept in the City Clerk's file holding the original conveyance and entered in any City data base covering City -owned properties. 6.9 The City Clerk shall be provided with information on restrictions on the use of the property, restrictions on sale, and other restrictions, such as open space, covenants, reversionary language, etc. by the City Attorney and/or the originating department. The City Clerk shall keep this information with the Clerk's file holding the original conveyance and entered any City data base concerning City -owned properties. From: Christian Munter To: bryanw@pageantrynw.com Date: 12/3/03 9:03AM Subject: Spawning Channel Easements Bryan, The US Army Corps of Engineers just sent me there comments on your proposed revisions. They seem to be ok with everything and have added a few words here and there. Please take a look and let me know if these look ok for signature by Pageantry. Thanks. Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS EASEMENT Property Tax Parcel Number: 212305-9068 Project File #: LND95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUSTgo here.) LEGAL DESCRIPTION: An access easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp514\dve4l dy_ 6ktmp\Shadow Hawk - Access Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee and for use on behalf of the Grantee by the United States, its representatives, agents and contractors its sueeessefs and assigns, a perpetual and essignablenonexclusive easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines. Grantee shall be responsible for maintaining any improvements, including but not limited to roadways. that it has constructed within the Easement Area. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: �-Grantee agrees that al[ activities performed by it within the Property shall be performed diligently and continuously to conclusion in a good, workmanlike, and lien free manner and in compliance with all applicable laws, rules, regulations, orders, and ordinances of the city, county, state, and federal governments, or any department or agency of any of them, affecting use of the Properties. 22, Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. -2-.-,ii,Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 4. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 5. Grantee shall release, indemnify and promise to defend Grantor and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including cost and reasonable attorneys' fees incurred by any other party in defense thereof, asserted or arising directly or indirectly on account of or out of acts, or omissions of Grantee or the servants, agents, employees, contractors. invitees and/or customers of Grantee in the exercise of the rights granted herein; provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of the death or bodily injury to persons or damages to property caused by or resulting from the gross negligence or intentional bad acts of Grantor, or its agents or employees. Solely for the purpose of effectuating Grantor's indemnification obligations under this Agreement, and not for the benefit of any third parties (including but not limited to employees of either party), each party - specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act. Title 51 RCW. Furthermore, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable to or for any third party under Worker Compensation Acts. Disability Benefit Acts or other employee benefit acts. The parties acknowledge that the foregoing provisions of this Section have been specifically and mutually negotiated between the parties. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of -2 0 --- au Shadow Hawk - Access Easement Revisions.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member Lo Roger Nix, Its Division President Shadow Hawk - Access Easement Revisions.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 Form 84 0001/bh have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of , 20 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Shadow Hawk - Access Easement Revisions.DOC\ Page 4 FORM 03 0013/bh/CA2-21-97 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on exhibit `A' of document ABBREVIATED LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its sueees^^rs and assigns, a temporary and assign a l}lenonexclusive easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the date possession of the land is granted to the City of Renton, and for use on behalf of the Grantee by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member Roger Nix, Its Division President Shadow Hawk - Disposal Easement Revisions.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 Form 84 0001/bh IN WI INESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be N� ithin box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20 , before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Shadow Hawk - Disposal Easement Revisions.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 04/08/2003 15:28 FAX 425 251 8782 BARGHAUSEN T0'd 1Hi0i FILE C��Y MUO CVC;j F.CMNC. LAND PLA,MNT4M.19URVM, G. 02v OfMeIMLSgrVVE3 July 12, 2001 p9csimIle: (253) fi31915L5 �nta- C h= B05c7ick snd JM Gaston BcMVevMCjFowcr Ad—Wsiratioa 28401 C oviugbm Way 5 B. Kent� WA '98042 RE: Piecing Snapping MaherW vwNm B$omevilJc Pow ex Admimstrta6m Easement K=gingiDII C34mt C ZTL& imiums C2dr Joh No_ 74,32 Deor Clint girl JUL As o foZo up to my oelephaaa oonvtnat m %Aih Qint Kosmiek oa July 12, 2001, we = retjuw irg �� � t�ran7Yl?� &°�°�'� 20,fl00 talbia yids of etap�piag ma�,sl vriihiIl � $ohs PtvrrsAdnimisU 4caeurmmentoutboKmmingm-nCtestCnncbonainiucnssite-Per cm ccmvtr'9adon,yuusffit�d tint the hl i' of the vdpping paes $ban not Mooed 10 ikd from ffic Alin' pound e1Cvadm Ciz<t stmiad thatthepawerTnles CmPQTe2daRYAagxpinv iy 12feKlowectbmfha�rnoarolheight, depanft9-apoa 1laage. mad- ambit/ tt Mute. Th=f6m. if the powerlinm =1 35 feet high and can sag up to 12 fLet tha grannd alcm=ee wouli be 23 %t, which =taw f6= adurmp fin&wo ulat r u have emu& desaranee to clump a load Cr bdgb= th-a n 1 D-&rots► per. Please ac"]eelgo ywr APprovsl to vBOWtCmTO=YP1&CemCm1 ofsuriPPingmaaceria] widunthnBoanevme Power Adminkh-aflm cwzmrct m-ca by sivang &is letter in Cie space. prvvidea I ow, and rntamn it to my atbanAAn at this office. if Toe have any queTdcTs qr need additioani infama6m, plcz= do not hesitate to coniaat mo at this office- Thstak yaa. Sin�.tely99, j Mau,. Ste' f Design Bngiaesr 11 1KSr>ft n432C0491 C-C: PO$cx Mm Pages Sohn Sholaeth.-Jaodwm& & Cmftpany, bac Rabeu't 1. AanSMW, Barghmzm Cwullfiag Eng Iac- APPROV$D By! I =- r�� Z,.,, 1 Side. D 182157?Nn AVENUE So rrw KFNT,our seca:, (425) 2s1-G= (425) 2s1-a7Lz rAX w4wbanyTuxarLcom 7P PP) PTC7C7b7 ni mgTnNnTJH1c,Qn_-q wnInNTOM LMN4 jjHnT:AT 7LAP7-CT-�Q 04/08/2003 15:27 FAX 425 251 8782 BARGHAUSEN Z 001 m� ,ep"A& & CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES n F� gr DATE: April 8, 2003 TOTAL PAGES (including cover sheet): 2 FACSIMILE: 425-430-7241 TO: Chris Munter City of Renton FROM: Kris Nelson RE: Shadow Hawk JOB NO: 7432 MESSAGE: Following is the supplemental letter approved by BPA allowing placement of stripping material in the BPA easement. Please let me know if you need any additional information in this regard. cc: Bryan White, Pageantry Communities Fax No: (253) 854-9710 Rob Armstrong, Barghausen Consulting Engineers, Inc. Fax No: In House Fax No: Fax No: Please call (425) 251-6222 if you do not receive the indicated number of pages. 1821S 72NO AVENUE SOUTH KENT, WA 95032 (425) 251-6222 (425) 251-8782 FAX CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 14, 2003 TO: Larry Warren, City Attorney FROM: Ron Straka, Supervisor, Surface Water Utility STAFF CONTACT: Chris Munter, Surface Water Utility SUBJECT: Cedar River Spawning Channel Replacement Project Access Easement and Excavation Disposal Easement Attached are two easement agreements returned by the property owner with changes their attorney has made. The changes include non -exclusion, due diligence, and indemnification language. The attached agreements are a mix of standard City easement language and easement language required by the US Army Corp of Engineers Real Estate Department. They are meant to allow the City access to and use of Shadow Hawk's property for the purpose of accessing the spawning channel and stockpiling and disposing of excavated materials that will become the property of Shadow Hawk. Please review the proposed easements and provide comments regarding its acceptability as a valid instrument the City might use for the described purpose. If you require additional information or have any questions, please call me at 430L7248 or Chris Munter at 430-7205. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\ToCityAttorney l 1132003.doc\CDM\tb 4 IMF, Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on exhibit `A' of document ABBREVIATED LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a temporary and assign blenonexdusive easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp50c\dvo46-.dym4ltmp\Shadow Hawk - Disposal Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 yr date possession of the land is granted to the City of Renton, for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. This easement is granted subject to the following terms and conditions: 1. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 2. Grantor shall retain ownership of stockpiled fill material from Grantee upon termination of possession of land as described in this Agreement. 3. The Grantee shall place stockpiled and disposed materials at locations agreed upon by the Grantor and the Grantee. 4. The Grantee shall spread disposed materials evenly and of uniform height and stabilize disturbed areas with hydroseeding and apply proper erosion control measures during stockpile and disposal operations. �.Grantee agrees that all activities performed by it within the Property shall be performe diligently and continuously to conclusion in a good, workmanlike, and lien free manner and i compliance with all laws, rules, regulations, orders, and ordinances of the city, county, state, an federal governments, or any department or agency of any of them, affecting ise of the Properties 6. Grantee agrees to restore to substantially the original condition, any portions of the Grantor's property which are disturbed during., Grantee's use as described herein. Z Grantee shall release indemnify and promise to defend Grantor and save Grantor harmless from and against any and all liability, loss, damage, expense, -actions and claims, *ncluding, cost an reasonable attorneys' fees incurred by any other party in defense thereof, a erted or arisin directly or indirectly on account of or out of acts, or o *ss*ons of Grantee or the servants, a entc, ovees, contractors, invitees and/or customers of Grantee in the exercise of the rights granted herein; provided, however, this paragraph does not purport to indemnify rantor a ain t iability for damages arising out of the death or bodily injury to persons or damage to property by or resulting from the gross negligence or intentional bad acts of Grantor, or its agents or ovees. Solely for the purpose of effectuatingGrantor's indemnification obligations under is Agreement, and not for the benefit of any third parties (includong but not limited to employees of either party), each party specifically and expressly waives any imm unity that may e granted it under the Washington State Industrial Insurance Act, Title 51 R .W. Furthermore, e indemnification obligations under this Agreement shall not be limited jn any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts, The parties acknowledge that the foregoing provisions of this Section have been specifi ally an mutually negotiated between the parties This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that the owners of the above properties grant them lawful use of the property and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the conveyance hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 2003. Shadow Hawk - Disposal Easement Revisions.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member C Roger Nix, Its Division President Shadow Hawk - Disposal Easement Revisions.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 aw uuu j mn IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box Notary Seal must be within box REPRESENTATIVE FORM OF A CKNO WLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Shadow Hawk - Disposal Easement Revisions.DOC\ Page 4 FORM 03 0013/bh/CA2-21-97 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS EASEMENT Property Tax Parcel Number: 212305-9068 Project File #: LND95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access easement over a portion of Lot I of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp514\dve4l .dym50,tmp\Shadow Hawk - Access Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, is successors and assigns, a perpetual and ass ignablenonexclusive easement and right-of-way in, on, over and across the land described in Schedule A for the location, construction, operation, maintenance, alteration, and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land) subject, however, to the existing easements for public roads and highways, public utilities, railroads, and pipelines. Grantee shall be responsible for maintaining any improvements, including but not limited to roadways, that it has constructed within the Easement Area. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. 44w Grantee agrees that all activities performed by it within the Property shall be performed diligently an continuougly to conclusion in a good, workmanlike, and lien free manner and in compliance with all laws, rules. ations, orders, and ordinances of the city, county, state, and federal governments, or any department or agency of any of them, affecting use of the Properties 2`Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2-3—Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 4. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 5. Grantee shall release, indemnify and promise to defend Grantor and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including cost and reasonable attorneys' fees incurred y any other party in defense thereof, asserted or arising directly or indirectly on account of or o �t of a ts. or omissions of Grantee or the servants, agents, employees contractors invitees and/or customers of Grantee in the exercise of the rights granted herein: provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of the death or bodily injury to persons or damages to property caused by or resulting from the gross negligence or intentional bad acts of Grantor, or its agents or employees. Solely for e purpose of effectuating Grantor's indemnification obligations under this A reement, and not for the h n .fit o any ird parties (including but not Ijmjted to employees of either party), each party specifically and expressly at may he granted it under the Washington State industrial Insurance Act, Title 51 RCW urthermore, the indemnification ohligations under this Agreement shall not he limited jn any way by any imitation on the amount or type of damages, comnensatjon or benefits payable to or for any third party under Worker Compensation Acts. pisahM4 Renefit Acts or other employee benefit acts. The parties acknowledge tha e foregoing provisions of this Section have been specifically and mutually negotiated hetween the parties This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20 --244L. C:\Documents and Settings\wongmV ocal Settings\Temp\dvtemp514\dvo4lidym5ltmp\Shadow Hawk - Access Easement Revisions.DOC Page 2 FORM 03 0013/bh/CA2-21-97 SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member LN Roger Nix, Its Division President Shadow 1lawk - Access Easement Revisions.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 Form 84 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF A CKNO WLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20. before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Shadow Hawk - Access Easement Revisions.DOC\ Page 4 FORM 03 0013/bh/CA2-21-97 V m m _ C P p _ m O Cqr O L •+ C GU O q mm OCb V .mi CD ^C OUX C� U Vl nn a3o °� •.v ' v ma =o o r^di OC ^O6+'• J GD m•+C « 00 �•+OJ +• n4 CCCCD SOW DOZ 4 O •. u 3 a >.^O > - L 1.'!�+' D� .E u Nam+ m _ > -x tea= z',—,.-c^ __ ___ :+m- - _- cv'� m« «c w S? ✓ - >-V. °00 N <LD a JD E_.�^ __ cU OLL n C OTULq ¢+ uD1Z NMT..;^CC� •• _-�E--.•+u ••L C i ;gmQuL Q SCC"Jni C•� c .. _c - ll�-� =°°' N_ - G v -u-�Lc uG__•�_' .C•- , -C -cL E... .0 cG SC �Z. '� E.u. n�SY - 41 OJ �DY CLJ '•C Icy - c <am v D �o z . 7�T� C^ J O ^• J O� _ -' O G' G y L - W J .] , 2 C C L W uCU UO•T DNLJQ L^U°CO LO V7 ¢.°•N 00tiy OLmONE 6Cq Vn GQnw LO °II.c. "gym OC a ��yNC+N Wu OWN E�^••EY UO1mL«ui^MNNT Wq Ww mm m qP °>.+IOp UTIN L7L� tlJ100� OC m>mDG N.+ Nu•+O« dE• p• O^ 10 >.uqC• mp N• C m U% y qq v D 2.+ LC C> U.'+bN C I••�••1 ONq.� q+-� O++N •+U W10•+^L^N 010 PL CL L a•'+>N C.—C I >•Y ° q ^IO nO J>U CL »�uq bT 3T o� O Nqm gl•Iq gQC2++^�f•I Lq C1L«.J •"•O S»0�: �' �y ytM PU �L Ua+ � 00++ � qt „V Off] OL«+•L CIO re q�qG mG TppLC C»CC @�606 �+m�C bLt 00 O 7pY2c> Lx- HOC TTgmq UmpL y~pt pLm �D z Yab+3 P10.51. bO CY Oum OC o~O~�=G ONE60»O»wY W"'�.00WC Eti nOs+Y Nm UT -'L LU a to LE OU 0L nO r~v1�, L~m° wmw m9WmUm^G.n+m�mm°Om�Q+miCbLN°�r i000CCm0 y mar U^m wWL w.TiU OH.TiQ Wn r�N»NN _mod (yp. ' Z ^ nq0 Cm mn;mNCfnL U�+u�. C+«mUL LNUaU a±O bL N�WLm6 Fn �!?dM Z5N DO+L+ CDCLZ01 WIN LLV NO O0 26 '_ JC ...CO.... asL_u F-C D_ �z Y«N7 Oq Yu J Ul C CID O_ Oq OUn O x qq6 N H /^mill O cc E p N N q L D m O W T Cq T G W n H9N N « ,pI «ON O L V7 2n O W N o o N »i J L o q h �If « N N Nm DP N Ny CN ^D 20 tA0 U L 2 ^ W N G 2 W L N T N \ O i O Ey Dm G C W N W m �1 1'•J' b JO (m ` JO O N G m F•-1 m y 6a+ m y p du 2 4 N J 1y W tl0/ ��Y J 9 O TC N GAO u D O. 12 am nj am U GW m q C +q+N �aW X O iN Wu pC OU C mG0 q 122 ^^� ^ .p mLU Z3 d90 PJ Lp0 Y ^ L.q O« b p ^ b O« q C� O i N F iN W ° uN.T. IiE�p ci ° uN.� smT qN >� QO . � x w p.� qo EL C �n°+Yo EL � O�O tl nCl o _ _c c I \ O J vIn W coo -c ,A�J^ Q yy N? .•vuLCCG.n++- ON ��E OO.OT LJm T.ncL >•C^ -C 'DU O^EL E D> Gqu3«69«i CD«:L9«q G O« G CL«J >P«n0 .p b Nmmb Lbmq« N L^C^+ U N CUN �fC^ m WJgO Cq D «b Lw ^G U^m LU •u qn.n PC CC C�Dq L Z1^-� JG+U•00p C•+m«OO m.+TUOm Cmmq TCm•>+C CmJC�D�Tui OL+C+Q¢�Q'^mCq L++c O r� N q 6L U9 m q� UY v- ..C m^ q .. c2 L>LaL 0 g L n W EyG C rgG mpL C bG�^w pYw Uw N L99� b Or 0 L msL" �m ^o—oym..go •- 9 o.. m•. -+..Lo �-•'1 rQl «tea o9-.. c�.auo++-...o L n »y+� ...+mtcma. oo °mu c J9 ouc2LT E y O °1E�OCm C9 N9 HwUnD6 sL+y PCLn qYn Nyn^TymCU .m OLaT+ Lug q � NNNm mim nt w 3G U u O C O m ma+ u L -Ex NyCOw CUNgbpyY J60 .ym w OE T O^qm .0 >y p rl C bLa�L 6�+6 ^OCm b b U L 0 >q LL 0 u mCOpn 9 C (O � LT �nG m�+oy UL UU p�n C« N++9m0 my m�ny C.+Ln b^m _mm q++w q � Ny mOG�ULt ^ z «NL»G01«6J CL9 WmiGEL CAUL OI .mq L>U9Gg0�COLCN� 33Vgi G Q » qmV i%y a0 !�•�•1! L > LOC Uti+��+N qLq JmD 9�+�COnO m.•D E«T p+•L«Pw L z 09UC Obi ^ ZL Yar+m+q CoC'•w �bV'mvmWa OEM Nan+yy 0 91 O iOOq EWOWoD °OEO O YygOJLm +�i �y SUIlb NAG mbP WpuJ qmT+P qCu mG C UCb b _ •Uq•rm q mtD m•rC L-n^ fAC gNw>mq mUDa+ .q 9LY++DJnC DyDCC mUa+OC DU m` .n ..(n n 5 W q.+ On On2 NL CNg6q b UYa^CLL•+ gOJPL OmL C N C •-•n« - C.OUPCup O d LOG<PO Cm C .- u -nE LLEL UCGON NN .i ^jay JU•+ «Y JnOm O nLU•+ -•+OL NC30 n� Om•+Nn«NO•+ �Nm 3 �.,� q N•S.rOLr�^ L LLJWnL.+LNEnNL mw1U•� L•r O.+LO L N 9L OCq «>OL u.� 'L'N n OU Ul«ON N++mm LY O"L.- �n .-.OUm•� L C•� mLUU••..... O P Dmp Iy V »bWU 3GN.Li+mO W L u u J< L b« U m C g m � m q mD+• J D N m U N E v O F»NmLCn... TC Cgngm mb C 9>O m P Dm pG LUG.-+NLCC COLS W Q% <Cb0 Ou r«2^��+Lnmm nu gLLm C.n Np bu«C CLTN m.-+Uu P [[ •� o VC.-- gqN «L^ GGq U C p OgLCVCNn JP•�m9 YCo L L CL.+mL - OG JJNCf>JL^Oq«O�.n 3mgUT.« q..•.+yy CC PLN LU = � L9D~gLuy^T NL�uNOOW� �q n %Eb N.+ CEEm-�^ O L. U«O D✓G '+>• T G7 T G J iDEL++C uGUL NN^«W •+•+ 3 I �_ WL U«.yL C Jpm 6^m« T- N Um=q q^ OC E •>•D3 U'1 W Dq0 JOUC«O^OWLq•'+ - u mq OgG�ND c..LLO2OC q•-CU naL+Uuu O« �'�.»�C'Jq«�+qt DC UU SUN»u:J+OCO DL .fyj wI ..q.«•�.. « ..EL ON nyLj .-•pD ^M C• -+ - CCm yC Nu nC� GJINC ? F•1 ��jX �4 a q�400^C muqnuG 9 uDcm EcDOCNO>20E^ nu Vl _ UCOm WOm++ JOO«D C�LgO G•'+L^mmOpO �b UO UD�y «j«wCq :+NuV-O .b0 nLC 4. Y••¢UDq JmW f/"�� J b m.mUC«G Oar b JmNna� Jmmq mw U�w CC 6N 2m0 H .'y «v.0 mCmOLu 1••�i aLGUGq UY ENNG�C bGOdO W PL YLOL'm W«plgm �q LUG MHQYC gPqCm ~lu ��...�/.1 rOiN°Cti Oq.nyL W OLbQLp Ym Ey0^mq++�� LC OND¢y9ICO¢ ON9ppLYiYU E^U Cq V b- nC•-TL6 AZ S m U m C L m 0 0 gG� J C C U m b LU q TCL� b C J J O m C q L J PC C L n L J m C O Y OL LL q+�J«^N�nd JOnLO OG quO NggObmib 2++0906 q�n �Y rd<6om-.qqs« wun¢/P�De z (D I z co N J � W L o � O W W ^ a• Y• i c u J > a E- 07 Z _ C) �I C12 CV O ^ I O W o'QyI�. Ui S 8 Div O b iac1pIp J 110 0 NIC�Iz S�6�OX tl0A3A6OJ, g P W lnn liOomlonnu�ir000c°Dfl sf �io'n� V I°inm���u���lgimlmniommn�m�mumolo mmmmm m Nee N In lIppmn:oi lovnamrin°i O) Om f lov -�r. Nmn+f ni lon�pp�a-�mnlo rnmOl OlOn mN1+1 z Mmm m-R-d v N�mID IpOmn tNONm Ij 3 3 3 3 J w 3 u W 1 1 ��I^� ^ mi c*Io1 mI rlu� IL I Im.a z; I 1 MI c M Y �I JIN n m �I�If �N'm IN :D C 1 m Cm 4 1Z1 1 1 1 I I I �]WQ; JO I I_ �O Im. .Il �IRIO Im OI ELDOI I I f =� 1= mN�a•.D I I\ tlNL \ LQ•+LJU O S tl J ZI-Ufl1aQ J 1 � I1I 111 / Lfb 3:w�w{3i3'W�WIW 3 WIZ U W WIW w'W IW�W 3; ;om`'1! SIm - O O P�Ii OIL m�ln ^Irnllnln �mlo c �Inm�m � Ilr Ini InL� "I Ln olo rn m o W ,c'm a v N I^ Iz;Im1a Im, Nlnl a min lcl N�olvlm -Ia Llmln-mlm z12lvlu� zlz c�i:� :��L] z m zIZ z nI V:IZ Ltizl fV.. IV L m T O N m Rlf t0l n'mim'OI J N NIJ lJI �J J Irll^ mlm�M. mI JI JI JIJ I I I I I 1 i 0 <, W1 1 lo C� N �• 15 3f' sfo' O z z3 F�I W N S V t N.tl+ O L COD w Lcc OR M. E- z z V� <� Z. O O LNCC O T O M I N V LL W 0 �Z az .oe-sszf s.u.fr.00e o N tl o ° c L c c L L C D O C tl tl tl ^ L L J i 2 D tl L a a c tl L tl u � U tl C 9 T tl C O M tl �y E atl+ E L u L C G L •N +� 3 C f N m V N Y 2 H m d U x n x x x x x x x x x u x �j 0 ■ O O 9 ) A � � • f � � 1 n w o C - m E C a L J N O c y v - � .••1 O J a a■ U 7 S a 4' ) e 4 dO ^o • I ga � �aa� Alb e j Fr I, v / a n 0 ,• '� fie... / I n cv /+ I J o os N I < <�� a� 4¢ • of� � w S., ems• CD O(f7 N J\ ,g'1.5' cm oe� °p\ Y _ n^.• y ```'a�¢�'C'ry rRm^ c . ��/� O \ TO"c'i�'1{` `c \ 9 •GY �% �n+l � s m J fn�0 In�O. �1 0 '\ SBA S� \ B2B5 5825 - •Q vI o Gly SBS 50f0 5g41 EAy � N tag —_ _ E^ of o 65g.73- ram` 0 0 5� c o�Y•� \ J � �/ � 3 C 11 i70'3C'9f"Edo VX O\ W O oN N04�.� pt4N Off, g v wuna/pAGE <S St2 3_gF f2 lch _C6t92> IN asne 43' ��� Qm'ISI 871u�w '02•36- o_ L .F N G 1n b b C C b C O V E y b L b C N G ry � C � OI 3 Gq DI N � fl1 VI U N 3 S H N d U J t�l Ian 1 p Y p 11 II it p p p Y p 9 .a 00 0 0 0: D 0. 0 4 }( z 0 N z CO .L, ry O W 2 c'" b o y. z x o < F E-1 "L zw I l i it I o N� I, • Q I I i a Z. aSRo�:..... � .. ..o.m�m'e"o:YSRo . °omD=8.�lPnR. AAno �9A��RS�RN� W Q^^a 1N W Q x iN m '�°�fryryO w'�IPim�. n�1m NPRn0N 0 0i fOnn P�bfnn0��0110PRYry�ryi t`X .�i Y1 F+v iI Ypllm wln l�n e�1� c;j mmWo 00N�1�f Yii�a^ITN �P 1Ym mmbmmmm $ mm ��&uNbE9%�M �j N 4RvRfmnmRn�(%(Ii�JiITUNR181nN>Rb H� a -Z = € LO ?foga-mi i Z P. L �/^1 V L yy�Om�m I .P'cp,'T I LW GVCI Q 3O L O y OLN Ec90� y h�N, ' UC[O.EC NZ so. LS J U¢OOOO O W . p y .000 ZW 0- N NODi 20Z- - L+ N NOZ YIILC7 I[II O 'W OI NW 1Z9� .1q Op „ 0 >¢ U2�OL O N^T ? IN v pc RNuoD pN OOiNIIL C; OZN • W i .uiNON 'O 011 i(10 N Wa^UO O�J 9 N WYN> L�^LJU 01 m, mm NZNWO OW •C- (� ZmO W �UI y WHUtu 00. 0 b 1(1SUu Z. t-Vy0. 0: �� '�D NULL^ 0EmO Z I �m l0 LCLNv Iq0 Da+ y I L .9wV m NIIO �Zw� le z 7 N C 6�+ G ryl ^p} P2 O.s1D.E- NFUUS W o N N n m 9,i99 00 1/ .CO"6SZS 3..ZI.L2. OON Z m cc 4 j � LW'1 'Oi ✓j � U. O � 00 OD �i rVE- '�00 ::Y i ty0 ;2u ^t^00 J301 ^3 a C D N ¢_ JLD O C.U.0 _ 'O CO19 3:J ^VO U O j V oCC Z ULu I N C U z v m� O mm� Ai ca z ZN i D., O u CC 9 E'" U oi'o.'+ Orin irvIIm ' zrLLa r'-� (. c on z Ca N�oc � N .BE'LLSZ 3. Li.S9. OON a .62'OS9Z 3.ZS.6Y. OON b �' N N CQ ��1 al � U)���02 W E- z wx co N E— CD cQ From: "Michael Mann" <Mike. Mann@Seattle. Gov> To: <Rstraka@ci.renton.wa.us>, "Bob Gambill' <Bob.Gambill@Seattle.Gov> Date: 4/28/03 5:07PM Subject: Re: Council Review of the SPU easement to Renton Mr. Staka, The Ordinance is CB 114544 and it was on the referral calendar today, and will be heard in the Water and Health Committee on May 13th. Thanks for your interest, Michael Mann >>> "Ronald Straka" <Rstraka@ci.renton.wa.us> 04/28/03 09:17AM >>> Is the SPU easement to Renton for our spawning channel replacement project on the Seattle Council agenda for referral to the Water and Health committee? I looked at the Seattle Council Web page and did not see it listed as one of the items on the Seattle Council agenda. Please verify if the item is still on the schedule that we discussed previously (i.e. Council referral to committee on 4/28/03, Committee meeting on 5/13/03). Thanks Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 rstraka@ci.renton.wa.us CC: <Cmunter@ci.renton.wa.us>, <noel.I.gilbrough@usace.army.mil> ;;R CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator April 24, 2003 Department of the Army Seattle District, Corps of Engineers ATTN: CENWS-RE, Wanda Gentry P.O. Box 3755 Seattle, WA 98124-3755 SUBJECT: CEDAR RIVER SPAWNING CHANNEL, EXCAVATION DISPOSAL SITE LANGUAGE Ms. Gentry: Enclosed for your review is a copy of the proposed easement to dispose of excavated materials from the spawning channel mitigation project. The materials will be stockpiled on an adjacent property owned by Shadow Hawk LLC. Once the materials are deposited, they will become property of Shadow Hawk to be used as fill material for their condominium projects. The City will be required to place proper erosion control measures and comply with BPA height restrictions as outlined in their agreement with Shadow Hawk (see enclosed copy). The stockpile area is approximately 1.03 acres and is currently being used as a stockpile area by Shadow Hawk. Please notify me of your approval. If you have any questions or require additional information, please contact me at (425) 430-7205 or cmunter@ci.renton.wa.us. Sincerely, Christian D. Munter, P.E. Surface Water Utility Encl.: Easement Agreement Assessor's information BPA/Shadow Hawk Agreement City Attorney approval as to legal form. cc: Ron Straka H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Proiect\1200 - Real Estate\Disposal site\COERealEstate04242003.doc\CDM\tb R E N T O N 1055 South Grady Way - Renton, Washington 98055 This paper contains 50 % recycled material, 30 %post consumer AHEAD OF THE CURVE Return Address: PC-RPLE text is M only. It will not print: City Clerk's Office REQUIRED ON FIRST PAGE' OR C'Ot ER City of Renton .UARGIAS must be 3" top, I " sides and bottom. 1055 South Grady Way NOTHUG should be in the margins., except return address. Renton, WA 98055 Abbreviated or Full legal MUST be on the covet/first page. Do not use "See Attached': DONOT TYPE OR i'Vothing can be AFFLYED, (stapled, taped, labeled, etc). PLACE" ANYTIILNG IN Font size must be at least 8 pt. THEY AREA. This text Recording questions should be directed to Cin' Clerk's office. will not print. Questions on this form should be directed to Beth (% 6875. Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on exhibit `A' of document ABBREVIATED LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its , a temporary and assign blenonexclusive easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp50c\dve464_im47-tmp\Shadow Hawk - Disposal Easement Revisions.DOC Page 1 FORM 03 0013/bh/CA2-21-97 date possession of the land is granted to the City of Renton, for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. This easement is granted subject to the following terms and conditions: 1. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 2. Grantor shall retain ownership of stockpiled fill material from Grantee upon termination of possession of land as described in this Agreement. 3. The Grantee shall place stockpiled and disposed materials at locations agreed upon by the Grantor and the Grantee. 4. The Grantee shall spread disposed materials evenly and of uniform height and stabilize disturbed areas with hydroseeding and apply proper erosion control measures during stockpile and disposal operations. 5- Grantee agrees that all activities performed by it within the Property shall he performed diligently and continuously to conclusion in a pod, workmanlike, and lien free manner -and -In compliance with all laws, rules, regulations, the city, county, state, an federal governments, or any department or agency of any of them, affecting use of the Properties h, Grantee agrees to restore to substantially the original condition, any portions of the Grantor's property which are disturbed during Grantee's use as described herein. I Grantee shall release, indemnify and promise to defend Grantor and save Grantor harmless from and against any and all habilOM loss, damage, expense, actions and claims, *ncInd8n"ost an reasonable attorneys' fees incurred by any other party in defense thereof, asserted or arising directly or end*rectly on accuunt of or out of acts, or omissions of Grantee or the servants, agents. employees contractors inviteesand/or customers of Grantee in the exercise of the rights grante hereon; provided, however, this paragraph does not Zport to indemnify Grantor against liabffity or damages arising out of the death or bodily injury to persons or damages to property caused by or resulting from the gross negLpence or jntentional bad acts of Grantor, or its agents or employees. Solely for the purpose of effectuating Grantor's indemnification obligations under thig Agreement, and not or the benefit of any third parties (including but not Ijmited to employees of either party), each party specjfically and expressly waives any immunity that may he granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Furthermore. the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or tune of damages, compensation or benefits payable to or for any third ply under Worker Compensation Acts, Disability Benefit Acts or other emsfloyee benefit acts. The parties acknowledge that the foregoingnrovisions of this Section have been specifically and mutually negotiated between the parties This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that the owners of the above properties grant them lawful use of the property and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the conveyance hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 2003. Shadow Hawk - Disposal Easement Revisions.DOC\ Page 2 FORM 03 0013/bh/CA2-21-97 SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member By: Roger Nix, Its Division President Shadow Hawk - Disposal Easement Revisions.DOC\ Page 3 FORM 03 0013/bh/CA2-21-97 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. REPRESENTATIVE FORM OF ACKNOWLEDGMENT. Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box Z54 signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF ACKNOWLEDGMENT. STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Shadow Hawk - Disposal Easement Revisions.DOC\ Page 4 FORM 03 0013/bh/CA2-21-97 �t-ut �4 dna5 �� �\ �$\ \ � � c:\\\\\� 9vWL?dms son min & I A I I a I a 1.4 - - - - - 11 T �14 — X — - .; ..LL Jesse Tanner, Iv MEMORANDUM CITY OF RENTON Office of the City Attorney Lawrence J. Warren nkc&I &- VED APR 2 3 2003 CIT v OF PUBLIC W 0R S ADMIT RECEIVED To: Gregg A. Zimmerman, PBPW Administrator APR 2 3 2003 From: Lawrence J. Warren, City Attorney CITY OF RENTON Date: April 22, 2003 UTILITY SYSTEMS Subject: Cedar River Spawning Channel Replacement Project Access and Excavation Material Stockpile and Disposal Easement The form of the easement is approved as to legal form. I would change the words "disposed materials" to "waste materials unsuitable for filling" if that is what was meant. In the last paragraph first sentence, the word "sale" should be "conveyance". That is the better term and is used in the last sentence. Lawrence J. Warren LJW:tmj cc: Jay Covington Chris Munter Ron Straka Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: ACCESS AND EXCAVATION Property Tax Parcel Number: 212305-9068 MATERIAL STOCKPILE/DISPOSAL EASEMENT Project File #: LND 95-0043/SWP 27-3046 Street Intersection or Project Name: Cedar River Spawning Channel Replacement Project Grantor(s): Grantee(s): 1. Shadow Hawk, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page 4 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: An access and excavation material stockpile easement over a portion of Lot 1 of the Kensington Crest Short Plat (Shadow Hawk) filed under King County Recording Number 20011212900014 in Volume 149 of Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north, Range 5 east of the W.M., in the City of Renton, King County, Washington. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a temporary and assignable easement and right-of-way in, on, over, and across the land described in Exhibit "A" for a period not to exceed the City of Renton Cedar River Spawning Channel Project (SWP-27-3046) Completion Date, beginning with the date possession of the land is granted to the City of Renton, for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill material and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Cedar River PL 84-99 Restoration Project, Job No.CED-1-01, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of the right-of-way; reserving, however, to the grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. This easement is granted subject to the following terms and conditions: 1. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 2. Grantor shall retain ownership of stockpiled fill material from Grantee upon termination of possession of land as described in this Agreement. 3. The Grantee shall place stockpiled and disposed materials at locations agreed upon by the Grantor and I the Grantee. vj t- w awP Abc tt`N'f 4. The Grantee shall spread is os materials evenly and of uniform height and stabilize disturbed areas with hydroseeding and imply proper erosion control measures during stockpile and disposal operations. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that the owners of the above properties grant them lawful use of the property and that they have a good and lawful right to execute this agreement. c-F,� By this conveyance, Grantor will warrant and defend t sal hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 2003. SHADOW HAWK, LLC a Washington limited liability company By: PAGEANTRY COMMUNITIES OF WASHINGTON, a Washington corporation, its managing member Roger Nix, Its Division President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DisposalEasement.doc Page 2 FORM 03 0013/bh/CA2-21-97 a1+ vUUiion IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/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: CORPORATE FORM OF A CKNO WLED GMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of W Notary (Print) My appointment expires: Dated: ' DisposalEasement.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 CITY OF RENTON Office of the City Attorney J e Tanner, Mayor Lawrence J. Warren MEMORANDUM RECEIVED APR 2 3 2003 ` CITY OF RENTON. To: Gregg A. Zimmerman, PBPW Administrator UTILITY SYSTEMS From: Lawrence J. Warren, City Attorney Date: April 22, 2003 Subject: Cedar River Spawning Channel Replacement Project Access and Excavation Material Stockpile and Disposal Easement The form of the easement is approved as to legal form. I would change the words "disposed materials" to "waste materials unsuitable for filling" if that is what was meant. In the last paragraph first sentence, the word "sale" should be "conveyance". That is the better term and is used in the last sentence. Lawrence J. Warren LJW:tmj cc: Jay Covington Chris Munter Ron Straka Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 0 This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE ,�, ,� CITY OF RENTON ..LL Office of the City Attorney J e Tanner, Mayor Lawrence J. Warren RECEIVED MEMORANDUM APR 2 12003 CITY OF RENTON UTILITY SYSTEMS To: Ron Straka, PBPW From: Lawrence J. Warren, City Attorney Date: April 17, 2003 Subject: Seattle Public Utilities Easement Review #2-Cedar River Spawning Channel Replacement Project The easement is approved as to legal form. Lawrence larren LJW:tmj cc: Jay Covington Gregg A. Zimmerman, PE Chris Munter Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 EXHIBIT B� Reference #s of Documents Released or Assigned: none Grantor: CITY OF SEATTLE, a municipal corporation of the State of Washington Grantee: CITY OF RENTON, a municipal corporation of the State of Washington Legal Description (abbreviated): Pt. of the W '/2 of the NE %4 of Sec. 21, T. 23 N., R. 5 E. W.M. Tax Parcel ID #: Pt. of 212305-9040 SPU # 371-610 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this day of , 2003 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project"), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 GENERALTERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area, 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental Laws (as defined in section 10.B), including those governing, or in any way relating to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, Page 2 contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in place of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not limited to: the Federal Clean Air Act; the Federal Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right -to - Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11. Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. Page 3 C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12. Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area Page 4 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities Real Estate Services — WTR 710 Second Avenue — 10'' Floor Seattle, Washington 98104-98055 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Seattle By: CHUCK CLARKE, Director Seattle Public Utilities STATE OF WASHINGTON ) ss. COUNTY OF KING ) The City of Renton By: GREGG ZIMMERMAN, Administrator Planning/Building/Public Works Department I certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Page 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Page 6 r _ Attachment A a� PI SE� I < MM ffi zV * M M K> zz� **,,``� --i. M X 1 N + Page 7 CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator April 17, 2003 Mr. Bryan White Shadow Hawk LLC 25400 74' Ave. S Kent, WA 98032 SUBJECT: CEDAR RIVER SPAWNING CHANNEL REPLACEMENT PROJECT — ACCESS EASEMENTS Bryan: Enclosed please find two Access Easements that will allow the City of Renton and the City of Seattle access to the Cedar River. Please have both agreements signed and returned to me for recording with King County. Once recorded, I will return copies to you for your files. Please call me at 425-430-7205 if you require additional information or have any questions. Sincerely, Christian D. Munter, P.E. Surface Water Utility Enclosures: 2 — Easement form H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Pagentry\AccessEas04l72003.doc\Cmtb R E N T O N 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 17, 2003 TO: Larry Warren, City Attorney FROM: Ron Straka (x-7248)��-- SUBJECT: Seattle Public Utilities Easement Review #2— Cedar River Spawning Channel Replacement Project Enclosed for your review and approval as to legal form is the final easement from the Seattle Public Utilities (SPU) to the City of Renton for the Cedar River Spawning Channel Replacement project that includes some proposed revisions by the USACE. You previously reviewed the same easement document on 2/28/03 (enclosed). Your comments from that review have been incorporated, but there were additional changes as result of the subsequent reviews by the USACE and SPU. The significant changes consisted of adding the easement legal description and language changes in General Term Section 12. Both the USACE and the City of Seattle legal departments this have approved this final version of the easement. The easement is currently in process for review, and hopefully approval, by the Seattle City Council. Please review and approve as to legal form the final SPU Easement to the City of Renton for the Cedar River Spawning Channel Replacement Project. If you have any questions, please contact me. Thanks. Cc: Chris Munter H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1000 - Correspondence\1003 - City\CA SPU Easement revmemo2.doc\RJS\tb ►os STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EAS 44ENT TABLE OF CONTENTS SECTION PAGE 1. GRANT AND LOCATION OF EASEMENT'k�,t> . .............. ........1 1.1 Easement Property ........ 1 1.2 Construction and Access .......................................... I 1.3 Right of Third Partle � .........................................................1 1.4 Surveys, Maps, anO'Plans................................................ 1 2. PURPOSE OF EASEMENT... ....:`........................................................................1 3. TERM .......................... ..... ................................................................................2 3.1 Term.... .....................................................................2 4. USE FEE ..................... ..........................................................................................2 4.1 Fee ................................................................................2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver.........................................................................2 5. NOTIFICATION OF ACTIVITIES........................................................................2 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS ..... 2 6.1 Grantee's Activities................................................................2 6.2 Restrictions on Use.................................................................2 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 i Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................3 9.1 Definition............................................................................3 9.2 Use of Hazardous Substances....................................................3 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......3 9.4 Notification and Reporting........................................................4 9.5 Indemnification.....................................................................5 9.6 Cleanup...............................................................................6 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights..............................................................8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...8 12.1 Existing Improvements............................................................8 12.2 Grantee -Owned Improvements................................................... 8 12.3 Construction.......................................................................8 12.4 Performance Bond...........................................................9 12.5 As Built SurveyR 9 .. ��:. ................................. 12.6 Removal .............................. .............................9 12.7 Unauthorized Improvements....,,.. mprovements ........................................... 9 13. INDEMNITY ................................................ .......10 14. FINANCIAL SECURITY AND IIAN 10 14.1 Financial Security.......... .,. ....................................... 10 14.2 Insurance .......... ................................................. 10 14.3 State's Acquisiti of In ur............................................... 13 15. TAXES AND ASSES .S............................................................................13 16. ADVANCE BY S............................................................................13 17. NOTICE ............. 18. ASSIGNMENT....... £......................................................................................14 19. SUCCESSORS AND AS ` GNS...........................................................................14 20. TIME IS OF THE ESSENCE................................................................................14 21. RECORDATION...................................................................................................14 22. APPLICABLE LAW AND VENUE.....................................................................14 23. MODIFICATION..................................................................................................14 24. SURVIVAL...........................................................................................................14 25. INVALIDITY........................................................................................................15 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/ 1998 ii Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and CITY OF RENTON, a government agency/entity ("Grantee"). SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the perty described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants t rantee a nexclusive easement, for construction purposes only, over the property d i d in Exhibit B, which includes the Easement Property and such additional pro erty a reasonably necessary for construction on the Easement Property. This construction t 11 terminate upon completion of construction by Grantee. To the exte t c o thout violating any other contract or lease, State hereby also grants a nonexcl a se nt on State-owned land and water on either side of the Easement Property, if any ist ss and egress to gain access to the Easement Property and to construct im a is on and maintain and repair the Easement Property. 1.3 Right of Third PVon Easement is subject to all valid interests of third parties noted in the records of Koron file in the office of the Commissioner of Public Lands, Olympia, Washinof the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). Form Date: 06/1998 1 of 17 Agreement No. 51-074605 SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the day of, 2003 (the "Commencement Date"), and ending on the day of , 2093 (the "Termination Date"), unless terminated sooner under the terms of this Easement. SECTION 4 USE FEE 4.1 Fee Choose 4.1 A, B, C, or D Nothing in this subsection shall preclude State's ability to charge Grantee a -Tee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is great to defray the overhead expenses of State as a result of the delay. If any use fee is not paid in thirty (30) days of the date due, then Grantee shall, in addition to paying the late charges e lished above, pay interest on the amount outstanding at the rate of one percent (1 °/perRmont til paid. 4.3 Non -Waiver. State's acceptance preceding or existing breach other than tl SECTION use b- shall not be construed to be a waiver of any to . y the particular use fee that was accepted. TION OF ACTIVITIES Except in the case of an emer 1 c Qrantee shall provide State with written notice of any X_ construction or other signant n the Easement Property at least thirty (30) days in advance. In cases of eme cy, tee shall notify State of such activity no later than five (5) days after such activity co c"Significant activity" means any activity that might affect State's or public's use or enjoy nt of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other Form Date:06/1998 2 of 17 Agreement No.51-074605 pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water colu in the Easement Property. SECTION 8 COMPLIANCE VWH LAWS Grantee shall, at its own expense, conform to alfapable laws, regulations, permits, orders, or ` requirements of any public authority affect the ement Property and the Permitted Use. Upon request, Grantee shall supply State pes permits or orders. SECTION 9 ENVIR T LIABILITY/RISK ALLOCATION �,.Wr 9.1 Definition. "Hazard u nce means any substance which now or in the future becomes regulated or def n un e Ja ederal, state, or local statute, ordinance, rule, regulation, or other law r` t;ing to tman health, environmental protection, contamination or cleanup, including, but not4 te, `o, the Comprehensive Environmental Response, Compensation and Liability Ac f 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and Form Date: 06/1998 3 of 17 Agreement No. 51-074605 any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any ac ' 'ties that result in the mechanical or chemical disturbance of on -site , 'tat mitigation; (4) If requested, Grantee shal ow reaso ' le access to the Easement Property by employees rized agents of the Environmental Protection Agency, the Wa ton State Department of Ecology, or other similar environmen ie' nd i (5) If requested ff ra ,ee s ll allow reasonable access to potentially liable or responsible`pa e the subject of an order or consent decree whichequir access to the Easement Property. Grantee's obligation to pro e ac" s otentially liable or responsible parties may be co ioned on the negotiation of an access agreement with such parties, provi ` t t . such agreement shall not be unreasonably withheld. (c) It shall be Grant s obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any Form Date: 06/1998 4 of 17 Agreement No. 51-074605 9.5 adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provide ate with copies of any and all reports, studies or audits which pertain to enyt-cnm %alissues or concerns and to the Easement Property, and which w preparedGrantee and submitted to any federal, state or local authorities sWnt to any federal, state or local permit, license or law. These perm s mclu but are not limited to, any National Pollution Discharge Elimini'a -ste Permit, any Army Corps of Engineers permit, any state Hydr lics c proval, any state Water Quality Certification, or ano Sh line permit. Indemnification. (a) Grantee s ` fully i emnify, defend, and hold State harmless from and against any and all c s mands, damages, natural resource damages, response costs, remedial costs, anup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Form Date: 06/1998 5 of 17 Agreement No. 51-074605 Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of. (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully,. indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise o f or are in any way related to Grantee's breach of the obligations of Subs n 9.3(b). This obligation is not intended to duplicate the indemnity prov' di bsection 9.5(a) and applies only to damages, liabilities, costs or expense at are ass ted with a breach of Subsection 9.3(b) and which are not characteriz s I elease, threatened release, or exacerbation of Hazardous Substances. 9.6 Cleanup. If a release of Haz ous s occurs in, on, under, or above the Easement Property or other State- e _ ro y arising out of any action, inaction, or event described or referred to in Subs n ; ab,Q: , Grantee shall, at its sole expense, promptly take all actions necessary or sa I to clean up the Hazardous Substances. Cleanup actions shall include, without li ion, , containment and remedial actions and shall be performed in accordance all a licable laws, rules, ordinances, and permits. Grantee's obligation to undertake a cle p _ the Easement Property under this Subsection 9.6 shall be limited to those instances wher e Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30) days prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any Form Date: 06/1998 6 of 17 Agreement No.51-074605 other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days; the date Grantee is deemed to have received notice of State's intent to conduct any non -emergency Tests. The additional cost, if any, of split sampl shall be borne solely by Grantee. Any additional costs State incurs by reimbursed to State within thirt; documentation for such costs is of Grant's split sampling shall be endar days after a bill with Grantee. (d) Within thirty (30) cale ar itten request (unless otherwise required pursuant to Subsec (b), ove), either parry to this Easement shall provide the other party wi N va ' _I I data, quality assurance/quality control information, I I h of custody information, associated with any Tests of the Easement pert imed by, or on behalf of, State or Grantee. There is no obligation rovid y analytical summaries or expert opinion work product. 9.8 Reservation of Rights. he parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. Form Date: 06/ 1998 7 of 17 Agreement No. 51-074605 SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION 11 TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach withi 'xty (60) days of State's notice. If the breach is not reasonably capable of being cured withi sixty (60) days, Grantee shall commence the cure within the sixty (60) day perio d co : nue the cure with diligence until completion. In addition to terminating this Ease ant, State shl have any other remedy available to it. State's failure to exercise its rig l inate at any time shall not waive State's right to terminate for any future breach. If .Grante ases to use the Easement Property for the purposes set forth in this Easement for a terminate without further action by State Easement may also terminate if G e intent to terminate the Easement,, a SECTION 12 1 5) successive years, this Easement shall i s rights shall revert to State. This State with sixty (60) days written notice of its ctory to State. REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.1 Existing ImprovemenfW On the Commencement Date, the following improvements are located on the Easement Property: none. The improvements are not owned by the State "Existing Improvements". 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all Existing Improvements, and all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee - Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) Form Date: 06/ 1998 8 of 17 Agreement No. 51-074605 days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Gra may be required to provide an as - built survey of the Easement Property. ,a 12.6 Removal. Grantee -Owned Improvemen all be re "'wed by Grantee by the Termination Date unless State notifies Grantee t _ Grantee -Owned Improvements may remain. If State elects for the Grantee-O ed Im `" . vements to remain on the Easement Property after the Termination Date, they sIli o the property of State without payment by State. To the extent that Grantee-O d I e is include items of personal property which may be removed from the 1 . wi out harming the Easement Property, or diminishing the value of the Eas en or the improvements, State asserts no ownership interest in these improveme 1he parties agree otherwise in writing upon termination of this Easement. Any Grans . -O rovements specifically identified as personal property in' ",Exhibit A or B shall be ated in, ccordance with this provision. Grantee shall notify State at least -one hundred eighty (1 aybefore the Termination Date if it intends to leave the Grantee -Owned Improvements the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. Form Date: 06/1998 9 of 17 Agreement No. 51-074605 SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) At its own expense, Grantee sh; or provide other financial securi equal to`($), which shall sekelr� e under this Easement, with t (Environmental I and issued by a si adjustment in the (b) Upon any def 1 collect on 01 Bond shal t re remedies, an Easement becau 40 tlt- ocure an Maintain a corporate surety bond -satisfactory to State (the "Bond") in an amount Grantee's full performance of its obligations tioaf the obligations under Section 9 o on) above. The Bond shall be in a form acceptable to State. State may require an antee in its obligations under this Easement, State may o et the liability of Grantee to State. Collection on the Grantee of liability, shall not limit any of State's other of reinstate or cure the default or prevent termination of the of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Form Date:06/1998 10 of 17 Agreement No.51-074605 Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance covera shall be in place within thirty (30) days after changes in the limits bility are required by State. (2) Property Insurance. Gran shall pro and maintain property insurance covering all re r rty located on or constituting a part of the Easement Property i an t equal to the replacement value of all improvements on th en "° roperty. Such insurance may have commercially 1&qson e kctibles. (3) Worker's ' mployer's Liability Insurance. Grantee shall proc d ntain: (i)t s'` . State f Washington Worker's Compensation coverage, as able, with respect to any work by Grantee's employees on or a ut the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. Form Date: 06/1998 11 of 17 Agreement No. 51-074605 (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Departme f Natural Resources as an additional insured (except for State of ington Worker's Compensation coverage, and Federal Jones Act an ' ng e and Harbor Worker's Act coverages). Furthermore, all poli ' s of insur e described in Subsection 14.2 shall meet the following re e ts: (1) Policies shall be 71` ry policies not contributing with and not in exce g at State may carry; (2) Policies sh e - ovide that such insurance may not be cance r r� enewed with respect to State except upon forty-five (45 ays r tten notice from the insurance company to State; (3) To th t of State's insurable interest, property coverage shall expressl rovide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of Form Date: 06/1998 12 of 17 Agreement No. 51-074605 insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating Grantee's improvements constructed pursuant to this Easement. SECTION 16 AD V CEBYSWATE If State advances or pays any costs or expenses fo on behalf of Grantee, including but not limited to taxes, assessments, insurance pr c of removal and disposal of unauthorized materials, costs of removal and di of i v ents, or other amounts not paid when due, Grantee shall reimburse State the 1 11, pai' d shall pay interest on such amount at the rate of one percent (1%) per month t�cla , to notifies Grantee of the advance or payment. TION 17 NOTICE Any notices required or pe e der this Easement may be personally delivered, delivered by facsimile machine, or mailed b ertified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. Form Date: 06/1998 13 of 17 Agreement No. 51-074605 SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memorand tdocuenting the existence of this Easement in the county in which the Easement The memorandum shall, at a minimum, contain the parties to the Easement, the State's ease ei Grantee shall provide State with recording number. Grantee shall have thirty (3 day agreement to comply with the req in is Easement, State may record it r upon State's demand. erty is to d, at Grantee's sole expense. the ,dement Property description, the names of - mtmber, and the duration of the Easement. 9atia`o including the date of recordation and file date of delivery of the final executed as section. If Grantee fails to record this pay the costs of recording, including interest, SE ON 1 APPLICABLE LAW AND VENUE This Easement shall be interpreted and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. Form Date: 06/1998 14 of 17 Agreement No. 51-074605 SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: , 20 Title: Ad s: 10555uth Grady Way Aenton, WA 98055 WASHINGTON ENT OF NATURAL RESOURCES Dated: By: DOUG SUTHERLAND Title: Commissioner of Public Lands Address: Standard Easement Use Authorization Approved as to Form on by Assistant Attorney General State of Washington Form Date: 06/1998 15 of 17 Agreement No. 51-074605 STATE OF COUNTY OF CORPORATE ACKNOWLEDGMENT ) ss On this day of , 20_, before me personally appeared known to be the to me of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (he/she was) (they were) authorized to execute said instrument. IN WITNESS WHEREOF, I have here?set my hand and affixed my official seal the day and year first above w (Type/Print Name) Notary Public in and for the State of residing at My appointment expires Form Date: 06/1998 16 of 17 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of ) On this day of , 20, personally appeared before me DOUG SUTHERLAND, to me known to be the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the �icial seal of the Commissioner of Public Lands for the State of Washingto F IN WITNESS WHEREOF, I hav reunto se y hand and seal the day and year first above written. r (Type/Print Name) Notary Public in and for the State of Washington, residing at My appointment expires Form Date: 06/1998 17 of 17 Agreement No. 51-074605 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: TO: FROM: STAFF CONTACT SUBJECT: June 3, 2003 Larry Warren Gregg Zimmerman Chris Munter — Ext. 7205 Resolution Authorizing Mayor's Signature and Legal Review of DNR Aquatic Lands Easement Please review as to legal form the attached Department of Natural Resources Aquatic Lands Easement. The Surface Water Utility is planning to enter into an agreement with DNR in relation to the 90-year Aquatic Lands Easement to fulfill the USACE real estate requirements for the Cedar River Spawning Channel Replacement Project. Also, please draft a resolution authorizing the Mayor to sign the DNR Aquatic Lands Easement. cc: Ron Straka DATE H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\273046 Spawning Channel Replacement Project\1000 - Correspondence\1003 -City\Memo - Legal Review of Aquatic Easement06O32003.doc\CDM\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 3, 2003 TO: Larry Warren FROM: Gregg Zimmerman STAFF CONTACT: Chris Munter — Ext. 7205 SUBJECT: Resolution Authorizing Mayor's Signature and Legal Review of DNR Aquatic Lands Easement Please review as to legal form the attached Department of Natural Resources Aquatic Lands Easement. The Surface Water Utility is planning to enter into an agreement with DNR in relation to the 90-year Aquatic Lands Easement to fulfill the USACE real estate requirements for the Cedar River Spawning Channel Replacement Project. Also, please draft a resolution authorizing the Mayor to sign the DNR Aquatic Lands Easement. cc: Ron Straka H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\273046 Spawning Channel Replacement Project\ 1000 - Correspondence\] 003 -City\Memo - Legal Review of Aquatic Easement06032003.doc\CDM\tb STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS TABLE OF SECTION °V PAGE 1. GRANT AND LOCATION OF EASEMENR ..................................................... I 1.1 Easement Property ......... ........................................ 1 1.2 Construction and Access... 1 1.3 Right of Third Parti . ....................................................... 1 1.4 Surveys, Maps, PI ........... 2. PURPOSE OF EASEMENT.....................................................................................I 3. TERM ................................. _...............................................................................2 3.1 Term...................................................................2 4. USE FEE ..................... ...... I............._......................................................................2 4.1 Fee ................................................................................. 2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver......................................................................... 2 5. NOTIFICATION OF ACTIVITIES........................................................................2 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS.....2 6.1 Grantee's Activities................................................................2 6.2 Restrictions on Use.................................................................2 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 1 Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................3 9.1 Definition...................................................................... • • .... 3 9.2 Use of Hazardous Substances....................................................3 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......3 9.4 Notification and Reporting........................................................4 9.5 Indemnification.....................................................................5 9.6 Cleanup ................................ .......6 ........................................ 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights.............................................................. 8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT-8 12.1 Existing Improvements............................................................8 12.2 Grantee -Owned Improvements................................................... 8 12.3 Construction........................................................................ 8 12.4 Performance Bond .......................... .9 12.5 As Built Survey .......................... ......................................9 12.6 Removal............................9 12.7 Unauthorized Improvements .... ....... 9 13. INDEMNITY ....................... 10 . ............................. 14. FINANCIAL SECURITY AND N ............... 14.1 Financial Security. .... . �._........................................ 10 14.2 Insurance ............ .. .......�.............. . 14.3 State's Acquisitia . of I ; and ............................................... 13 15. TAXES AND ASSES 16. ADVANCE BY S a �.., 3 17. NOTICE..............:............::.................................................................................13 18. ASSIGNMENT............,................................................................................ .14 19. SUCCESSORS AND GNS...........................................................................14 20. TIME IS OF THE ESSENCE................................................................................14 21. RECORDATION...................................................................................................14 22. APPLICABLE LAW AND VENUE.....................................................................14 23. MODIFICATION..................................................................................................14 24. SURVIVAL...........................................................................................................14 25. INVALIDITY........................................................................................................15 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/1998 jj Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and CITY OF RENTON, a government agency/entity ("Grantee"). SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the operty described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants t ` rantee a - exclusive easement, for construction purposes only, over the property d I A in Exhibit B, which includes the Easement Property and such additional pro rty a XI sonably necessary for construction on the Easement Property. This construction terminate upon completion of construction by Grantee. To the exte 't c o hout violating any other contract or lease, State hereby also grants a nonexcl a e se > nt on State-owned land and water on either side of the Easement Property, if any- ists ; ess and egress to gain access to the Easement Property and to construct im�r% e is on and maintain and repair the Easement Property. 1.3 Right of Third Paties. Tls Easement is subject to all valid interests of third parties noted in the records of KinNon;qn'ts ; ngtor on file in the office of the Commissioner of Public Lands, Olympia, Washiof the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). Form Date: 06/1998 1 of 17 Agreement No. 51-074605 SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the day of, 2003 (the "Commencement Date"), and ending on the day of, 2093 (the "Termination Date"), unless terminated sooner under the terms of this Easement. SECTION 4 USE FEE 4.1 Fee Choose 4.1 A, B, C, or D Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever . great ito defray the overhead expenses of State as a result of the delay. If any use fee is not pai in thirty (30) days of the date due, then Grantee shall, in addition to paying the late char es es lished above, pay interest on the amount outstanding at the rate of one percent (1 °/ per monttil paid. 4.3 Non -Waiver. State's acceptance o a use #�Nshall not be construed to be a waiver of any preceding or existing breach other than th - aY up toy the particular use fee that was accepted. SECTION IFS.=.= ATION OF ACTIVITIES Except in the case of an emer eRC3WR%­ranteCshall provide State with written notice of any construction or other sign Znt aI on the Easement Property at least thirty (30) days in advance. In cases of eme�cy, Crr tee shall notify State of such activity no later than five (5) days after such activity comece`. "Significant activity" means any activity that might affect State's or public's use or enjoys nt of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other Form Date: 06/1998 2 of 17 Agreement No. 51-074605 pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water cola,* in the Easement Property. SECTION 8 C Grantee shall, at its own expense, conform to AS requirements of any public authority affect: e Upon request, Grantee shall supply State_kh ,. 1 LAWS ble laws, regulations, permits, orders, or lent Property and the Permitted Use. permits or orders. SECTION 9 ENVIRONT:L LIABILITY/RISK ALLOCATION 9.1 Definition. "Hazard ti nce" means any substance which now or in the future becomes regulated or def, un an= ederal, state, or local statute, ordinance, rule, regulation, or other law r- Ling to man health, environmental protection, contamination or cleanup, including, but not I'm rte . o, the Comprehensive Environmental Response, Compensation and Liability Ac f 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and Form Date: 06/1998 3 Of 17 Agreement No. 51-074605 any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any ac ' 'ties that result in the mechanical or chemical disturbance of on -site tat mitigation; (4) If requested, Grantee shal salfow reason a le access to the Easement Property by employees Ark rized agents of the Environmental Protection Agency, tj e Wass _gton State Department of Ecology, or other similar environmen a Cie: (5) If requested. Mfa� a s' 11 allow reasonable access to potentially liable or responsiblartt re the subject of an order or consent decree which it occess to the Easement Property. Grantee's obligation to prof a ac , s otentially liable or responsible parties may be conditionedpon the negotiation of an access agreement with such parties, prove' — t , such agreement shall not be unreasonably withheld. (c) It shall be Grant s obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any Form Date: 06/1998 4 of 17 Agreement No. 51-074605 9.5 adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provid R,a to with copies of any and all reports, studies or audits which pertain to en ' nm I al issues or concerns and to the Easement Property, and which w pre azed'' IGrantee and submitted to any federal, state or local authorities , s 4 t to any federal, state or local permit, license or law. These perm s incl but are not limited to, any National Pollution Discharge Eliminta ste Permit, any Army Corps of Engineers permit, any state Hydr lics'�o" c `' proval, any state Water Quality Certification, or an o Sht eline permit. Indemnification. (a) Grantee s fully indemnify, defend, and hold State harmless from and against any and all c ems, -. errands, damages, natural resource damages, response costs, remedial costs, c' anup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Form Date: 06/1998 5 of 17 Agreement No. 51-074605 Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of: (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise o f or are in any way related to Grantee's breach of the obligations of Sub n 9.3(b). This obligation is not intended to duplicate the indemnity prow cfid irr subsection 9.5(a) and applies only to damages, liabilities, costs or expense.: at are ass�ted with a breach of Subsection 9.3(b) and which are not characteriz saxelease, threatened release, or exacerbation of Hazardous Substances 9.6 Cleanup. If a release of Haza ous'tt ids occurs in, on, under, or above the Easement Property or other State- e rop' rty arising out of any action, inaction, or event described or referred to in Subs onK Grantee shall, at its sole expense, promptly take all actions necessary or sab to clean up the Hazardous Substances. Cleanup actions shall include, without limitt�- on, Sr, containment and remedial actions and shall be perforined in accordance all a licable laws, rules, ordinances, and permits. Grantee's obligation to undertake a clea u the Easement Property under this Subsection 9.6 shall be limited to those instances wher e Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30) days prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any Form Date: 06/1998 6 of 17 Agreement No. 51-074605 other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days the date Grantee is deemed to have received notice of State's intent to coed y non -emergency Tests. The additional cost, if any, of split sampl ha borne solely by Grantee. Any additional costs State incurs by vi e of Gran's split sampling shall be reimbursed to State within thirty* ) endar days after a bill with documentation for such costs is sen -: Grantee. (d) Within thirty (30) cale dar �tritten request (unless otherwise required pursuant to Subsect.9(b), ove), either party to this Easement shall provide the other party wi vale al data, quality assurance/quality control information, hof custody information, associated with any Tests of the Easement pert permed by, or on behalf of, State or Grantee. There is no obligation _provid �V y analytical summaries or expert opinion work product. 9.8 Reservation of Rights7 e parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. Form Date: 06/1998 7 of 17 Agreement No. 51-074605 SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION 11 TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach withi .xty (60) days of State's notice. If the breach is not reasonably capable of being cured withi sixty (60) days, Grantee shall commence the cure within the sixty (60) day peri2n, d co ue the cure with diligence until completion. In addition to terminating this Ease, State sjl have any other remedy available to it. State's failure to exercise its riglf t mate at any time shall not waive State's right to terminate for any future breach. If Grantees to use the Easement Property for the 0 purposes set forth in this Easement for a peep_ 15) successive years, this Easement shall terminate without further action by Sa ani-an e s rights shall revert to State. This ro-4 es State with sixty (60) days written notice of its Easement may also terminate if Gr., ite intent to terminate the Easement; ' In a f s factory to State. SECTION 12 Ork 1 2.ND REMOVAL OF IMPROVEMENTS AND 51 EQUIPMENT 12.1 Existing Improvement On the Commencement Date, the following improvements are located on the Easement Property: none. The improvements are not owned by the State "Existing Improvements". 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all Existing Improvements, and all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee - Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) Form Date: 06/1998 8 of 17 Agreement No. 51-074605 days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Gra may be required to provide an as - built survey of the Easement Property. 12.6 Removal. Grantee -Owned Improvemen all be re ved by Grantee by the Termination Date unless State notifies Grantee t _fit thGrantee-Owned Improvements may remain. If State elects for the Grantee -Owned Imp vements to remain on the Easement Property after the Termination Date, they ,1 . o ri the property of State without payment by State. To the extent that Grantee -Own d I a`ein is include items of personal property which may be removed from the i" wout harming the Easement Property, or diminishing the value of the Ease : ent - or the improvements, State asserts no ownership interest in these improveme le he parties agree otherwise in writing upon termination of this Easement. Any Gran e-Own;. I_ rovements specifically identified as personal property in Exhibit A or B shall be mated i ccordance with this provision. Grantee shall notify State at least one hundred eighty (I '-4 _: before the Termination Date if it intends to leave the Grantee -Owned Improvements' the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. Form Date: 06/1998 9 of 17 Agreement No. 51-074605 SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) (b) At its own expense, Grantee sh: or provide other financial securi equal to ($), which shall se ure under this Easement, with t e (Environmental Liabil' _ /Ris and issued by a sure c npai adjustment in theoun� 11 e0cure an aintain a corporate surety bond _. atctory to State (the "Bond") in an amount Gr ee's full performance of its obligations ti f the obligations under Section 9 oc on) above. The Bond shall be in a form acceptable to State. State may require an Upon any de f bye:`. antee in its obligations under this Easement, State may collect on on o o Z, et the liability of Grantee to State. Collection on the Bond shal _.. t reliel.;. Grantee of liability, shall not limit any of State's other remedies, an' a of reinstate or cure the default or prevent termination of the Easement becau of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Form Date: 06/1998 10 of 17 Agreement No. 51-074605 Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (1) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance covera _ shall be in place within thirty (30) days after changes in the limits bility are required by State. (2) Property Insurance. Grant sha11 pro and maintain property insurance covering all re 'VWUty located on or constituting a part of the Easement Property i an am%enroperty. equal to the replacement value of all improvements on th Such insurance may have commercially rson� e tibles. (3) Worker's s Liability Insurance. Grantee shall (i) "� Statef Washington Worker's Compensation coverage, as 0p 'able, with respect to any work by Grantee's employees on or a , ut the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. Form Date: 06/1998 11 of 17 Agreement No. 51-074605 (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance 'in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Departme f Natural Resources as an additional insured (except for State of ington Worker's Compensation coverage, and Federal Jones Act and ng ` e and Harbor Worker's Act coverages). Furthermore, all poll of insur e described in Subsection 14.2 shall meet the following regrrerits: (1) Policies shall be WAN V-nihs.ni ry policies not contributing with and not in exceof gthat State may carry; (2) Policies sl� e sprovide that such insurance may not be cancel r ' renewed with respect to State except upon forty-five (45 R ysr v tten notice from the insurance company to State; (3) To the=;t,;.. tern of State's insurable interest, property coverage shall expres I provide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of Form Date: 06/1998 12 of 17 Agreement No. 51-074605 insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating t Grantee's improvements constructed pursuant to this Easement. ry� SECTION 16 AD V CE Bl' r ATE If State advances or pays any costs or expelLses foo on behalf of Grantee, including but not limited to taxes, assessments, insurance pr rtz c1 of removal and disposal of unauthorized materials, costs of removal and dispos of Grantee shall reimburse State the p of one percent (1 %) per month fro th d_ z.rs .F,w-,-a v - ents, or other amounts not paid when due, d shall pay interest on such amount at the rate e notifies Grantee of the advance or payment. TION 17 NOTICE Any notices required or pence e, der this Easement may be personally delivered, delivered by facsimile machine, or mailed b ``certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. Form Date: 06/1998 13 of 17 Agreement No. 51-074605 SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memoi Easement in the county in which the Easement The memorandum shall, at a minimum, contaii the parties to the Easement, the State's eas , e; Grantee shall provide State with recording number. Grantee shall have thirty (30 day t agreement to comply with the requ' m is a Easement, State may record it an Grams u on State's demand )c enting the existence of this is to d, at Grantee's sole expense. h ement Property description, the names of n ber, and the duration of the Easement. nati including the date of recordation and file date of delivery of the final executed its section. If Grantee fails to record this pay the costs of recording, including interest, p SE'' ON 211APPLICABLE LAW AND VENUE This Easement shall be interprc , °d and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. Form Date: 06/1998 14 of 17 Agreement No. 51-074605 SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: 520 By: Title - Ad : 1055 th Grady Way enton, WA 98055 WASHINGTON ENT OF NATURAL RESOURCES Dated: By: DOUG SUTHERLAND TitleXommissioner of Public Lands Address: Standard Easement Use Authorization Approved as to Form on by Assistant Attorney General State of Washington Form Date: 06/1998 15 of 17 Agreement No. 51-074605 STATE OF COUNTY OF CORPORATE ACKNOWLEDGMENT ) ss On this day of personally appeared known to be the 20 , before me to me of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (he/she was) (they were) authorized to execute said instrument. IN WITNESS WHEREOF, I have hereun set my hand and affixed my official seal the day and year first above writtei , (Type/Print Name) `rotary Public in and for the State of residing at My appointment expires Form Date: 06/1998 16 of 17 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )Ss County of ) On this day of , 20 , personally appeared before me DOUG SUTHERLAND, to me known to be the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the gfficial seal of the Commissioner of Public Lands for the State of Washingto IN WITNESS WHEREOF, I hav reunto see y hand and seal the day and year first above written. (Type/Print Name) Notary Public in and for the State of Washington, residing at My appointment expires Form Date: 06/1998 17 of 17 Agreement No. 51-074605 From: Christian Munter To: bryanw@pageantrynw.com Date: 5/6/03 3:30PM Subject: Easements Bryan, Sorry to keep bugging you .... any word on the easements? The Seattle Water and Health Committee meets May 13th on our easement and we would like to have their easment in hand as a bargaining tool. Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us CC: rstrak@ci.renton.wa.us From: Christian Munter To: bryanw@pageantrynw.com Date: 5/6/03 3:33PM Subject: Easements Also, I will be out of the office from May 12 to May 29. If anything comes up, please contact Ron Straka at rstrakaa-ci.renton.wa.us Thanks. Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us CC: rstrak@ci.renton.wa.us CITY OF RENTON MEMORANDUM DATE: February 18, 2003 TO: Ronald Straka FROM: Karen McFarland (0209)"1V111"' SUBJECT: Cedar River Spawning Channel Attached please find new appraisals for the Cedar River Spawning Channel Project. Although I still think that the estimates are a little too high, I would suggest that we accept these appraisals and move on. The easement across SPU's property has come down from the previous estimation of $14,400 to a much more reasonable value of $4,480. The easement across Kensington Crest has been valued at $6,500. Please let me know if you would like to accept these appraisals. Attachments (2) L:\LND-95 - Easements\0043\Cedar River Spawning Channe1\straka0203memo.doc\k e �Y U1ss ,� CITY OF RENTON ♦ ♦ 1055 S. GRADY WAY RENTON, WA 98055 VENDOR: 005231 APPRAISAL GROUP OF THE NW LLP CENTRAL PARK BLDG #270 1980 112TH AVE NE BELLEVUE, WA 98004-2940 FOB Point: Terms: net temp Req. Del. Date: Special Inst: Page 1 1 DATE PO NUMBER' 2/21 /2003 18/0000248 SHIP TO: Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: FERKINGSTAD, LINDA Pre -Assigned PO#?: NO Quantity Unit Description Unit Price EXt.'Prici Spawning Channel Road Easement, Parcel 1,600.00 #212305-9068 Inv. C-2285 2/13/03 ti.. � d Spawning Channel Road Easement, Parcel 1,600.00 #212305 9040 Inv. C-2286 2/13/03 qv � SUBTOTAL 3,200.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 3,200.00 , cr�cw r ., fir ( . work Order Function Number, A" "punt f { ,Y� E 421.000600.018.5960.0038.65.065095 5190/5160 3.200.00-1 APPRAISAL GROUP OF THE NORTHWEST LLP 1980 112th Avenue NE, Suite 270 Bellevue, WA 98004-2940 Karen McFarland City of Renton Plan.Mldg./Public Works Dept. 1055 S Grady Way Renton, WA 98055 1055 S Grady Way Renton, WA 98055 Invoice: C-2286 2003 February 13 SPK 15568 RENTOC Telephone: (425) 453-9292 Toll -Free: (800) 453-4408 Fax: (425)455-9740 AGNW@AppraisalGroupNW.com Federal ID No. 91-1704802 Description Productld Price per Unit Quantity Total Proposed Spawning Channel Replacement Road Easement APPRRW $ 1,600.00 located within Parcel #212305-9040, Renton, WA Complete Summary Appraisal THANK YOU. HOW DID WE DO? Please write comments on back. Visa or Mastercard NErji 3- b-3 Subtotal: $ 1,600.00 Balance: copy or cut.) Please return a copy or stub with your payment. Terms: 1.5%per month interest on unpaid balance. Please print name: Exp. Date: Signature: Card No.: $1,600.00 2003 02 13 SPK C-2286 RENTOC APPRAISAL GROUP OF THE NORTHWEST LLP 1980112th Avenue NE, Suite 270 Bellevue, WA 98004-2940 Karen McFarland City of Renton Plan./Bldg./Public Works Dept. 1055 S Grady Way Renton, WA 98055 1055 S Grady Way Renton, WA 98055 Invoice: C-2285 2003 February 13 SPK 1550 RENTOC Telephone: (425) 453-9292 Toll -Free: (800) 453-4408 Fax: (425)455-9740 AGNW@AppraisalGroupNW.com Federal ID No. 91-1704802 escription Productld Price per Unit Quantity Total Proposed Spawning Channel Replacement Road Easement APPRRW $ 1,600.00 located within Parcel #212305-9068, Renton, WA Complete Summary Appraisal THANK YOU. HOW DID WE DO? Please write comments on back. Remittance Copy Visa or Mastercard j :.iT!AL/DAT 6 Subtotal: $ 1,600.00 Balance: copy or cut.) Please return a copy or stub with your payment. Terms: 1.5% per month interest on unpaid balance. Please print name: Exp. Date: Signature: Card No.: $1,600.00 2003 02 13 SPK C-2285 RENTOC D LEASE INFORMATION: APPLICANT CITY OF RENTON I DNR LEASE NO.: o PURPOSE OF LEASE: INLET TO SALMON 'o SPAWNING AND REARING CHANNEL z o rn � rTi vz ' co ' 0 11 CH 9"A C Tp Ny,4S9 83S\ 14 M`t, , I 'I 9 A ING 9"A OF GIN TRUE SAL DESCR E N OINT IPTIO OF cn�7'M ' �j L7 t7"CT ' + LEASE lit AREA 18"M j .f 920 SQ. FT. f llii I 1 (0.02 AC.) o CD ITY OF RENTON S o `` 'i 212305-9006 coo)It oV SPLI T MAPLE i i `{I i � : C3� 18 "S116 "N ;co f it,. LINE OF ORDINARY HIGH v WATER - ESTABLISHED � 9 ' BY FIELD SURVEY OF 1 y W' LINE OF VEGETATION 4 it M`I I o 8 �� 28"CT ii D O y I,,, U CL SPLIT MAPLE I J I I� U 11 10"S/6"/9"W I F SPLIT ALDER ! 5„W/8„E i Ld �lf J Q �51�5 340 G�` z 01- U U N O � cn c� N m • to 41 c� SET 518" REBAR & \m CAP, LS 11422 0 W DECIDUOUS TREE A = ALDER I- CH = CHERRY Q CT = COTTONWOOD VVj M = MAPLE NW SECTION CORNER FD STONE MON W/ LEAD & TACK, FLUSH WITH GROUND W 114 CORNER FD PIN IN CONC MON, DOWN 0.4' SW SECTION CORNER CITY OF RENTON CONTROL POINT 1640 FD 3" BRASS DISK IN CONC MON IN MON CASE, DOWN 1.2' N 170,648.9763 E 1, 305, 835.7478 (NAD 83191) SECTION 21, TWP. 23 N., RGE. 5 E., W.M. r N89°00'30"W 5307.10' S89'11 '07"E S87'30'04 "E 2681.66' 2668.75' CITY OF RENTON CONTROL POINT 2678, 2" BRASS DISK ON CONC DECK OVER FISH LADDER ON CEDAR RIVER TRAIL CIIJ N 175, 326.0535 E 1,310,176.9989 w (NAD 83191) ELEV. = 75.09' (NAVD 88) Cl z SE SECTION CORNER w FD CONC MON W/BRASS TACK, DOWN 1.5' FOUND MONUMENTS WERE VISITED ON FEB. 12, 2003 THE SECTION BREAKDOWN IS PER RECORD OF SURVEY FOR KENSINGTON CREST SHORT PLAT, BY CENTRE POINT SURVEYING, RECORDING NO. 20011212900014. THE CENTRE POINT SURVEY SHOWS GROUND DISTANCES AND BEARINGS BASED ON TRUE NORTH. THIS SURVEY HAS SCALED AND ROTATED THE CENTRE POINT INFORMATION TO GRID BY APPLYING THE FACTORS SUPPLIED BY CENTRE POINT: COMBINED FACTOR = 1.0000077486, CONVERGENCE ANGLE = 1 °00'25.25" ALL DISTANCES SHOWN ON THIS MAP ARE GRID DISTANCES LEGAL. DESCRIPTION OF LEASE AREA: ALL THAT CERTAIN PROPERTY SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN GOVERNMENT LOT 3 OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 E, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21,-SAID CORNER BEING A STONE MONUMENT WITH LEAD AND TACK, THENCE S89 00'30"E ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 4,353.91 FEET; THENCE S00'59'30"W A DISTANCE OF 1,506.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING S05°07'35"E A DISTANCE OF 100.00 FEET; THENCE S84°52'25"W A DISTANCE OF 11.89 FEET; THENCE N21 °00'17"E A DISTANCE OF 8.98 FEET, THENCE N01 °17'39"E A DISTANCE OF 12.94 FEET,• THENCE N21 °51'48"W A DISTANCE OF 13.20 FEET; THENCE N05"08'58"W A DISTANCE OF 47.98 FEET; THENCE N28 22'10"E A DISTANCE OF 5.55 FEET; THENCE N08 58'20"W A DISTANCE OF 13.86 FEET, THENCE N84752'25"E A DISTANCE OF 8.17 FEET TO THE TRUE POINT OF BEGINNING. LINE TABLE LINE LENGTH BEARING L 1 11.89 S84°52'25"W L2 8.98 N21'00'l7"E L3 12.94 N01 °17'39"E L4 13.20 N21 '51 '48"W L5 5.55 N2822'10"E L6 13.86 N08°58'20"W 17 8.17 N84'52'25 "E SCALE 20 0 10 20 40 ( FEET ) 1 INCH = 20 FT VERTICAL DATUM: NAVD 1988 BENCH MARK: CITY OF RENTON CONTROL POINT 2678 ELEVATION = 75.09' (22.888 M) SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF THE CITY OF RENTON IN FEBRUARY, 2003. LAWRENCE A. SIGNANI CERTIFICATE NO. 11422 AUDITOR'S CERTIFICATE FILED FOR RECORD THIS DAY OF M. IN BOOK OF REQUEST OF W&H PACIFIC. COUNTY AUDITOR 2003 AT AT PAGE AT THE w G.L. 3, SECT. 21, TWP. 23 N., RGE. 5 E., W. . 0 1 2_ I 3 4 y U I �C\2 o a �rn b as � ro ' co 03 � � U 4 'n o a co w �♦ q) cz t n, v J (n Z L'-' cc CE v` Q C Pn \ Lu f � cr LL W W U�QU � � o Q ® O N O W^ � I V) oQL Q <t o U O m m o o > C)z C) C W O :I-- Q CL W Li 0 m CL � U CN o � m m W 's I�- C) SHEET 1 �� D c B W iJ- Q w (n w U 0 SCALE 20 0 10 20 40 ( FEET ) 1 INCH = 20 FT VERTICAL DATUM: NAVD 1988 \� BENCH MARK: CITY OF RENTON CONTROL POINT 2678 ELEVATION = 75.09' (22.888 M) 1 • SET 5/8" REBAR & CAP, LS 11422 \ DECIDUOUS TREE A = ALDER CT = COTTONWOOD N8_ 1 31 37"yy '024.73 N28724'01 "E T 0 NW SEC T. COR. =\ \\ 14.37' SECTION 21, TWP. 23 N., RGE. 5 E., W.M. NW SECTION CORNER N89'00'30"W 5307.10' / FD STONE MON W/ LEAD & TACK, FLUSH WITH GROUND 3 O � � N W 1/4 CORNER FD PIN IN CONC MON, DOWN 0.4' 0 S89'11'07"E S8730'04"E 2681.66' 2668, 75' "-CITY OF RENTON CONTROL POINT 2678, 2" BRASS DISK ON CONC DECK OVER FISH LADDER ON CEDAR RIVER TRAIL Lo N 175, 326.0535 E 1,310,176.9989 W (NAD 83/91) ca ELEV. = 75.09' (NAVD 88) 0 Z SE SECTION CORNER FD CONC MON W/BRASS TACK, DOWN 1.5' FOUND MONUMENTS WERE VISITED ON FEB. 12, 2003 THE SECTION BREAKDOWN IS PER RECORD OF SURVEY FOR KENSINGTON CREST SHORT PLAT, BY CENTRE POINT SURVEYING, RECORDING NO. 20011212900014. THE CENTRE POINT SURVEY SHOWS GROUND DISTANCES AND BEARINGS BASED ON TRUE NORTH. THIS SURVEY HAS SCALED AND ROTATED THE CENTRE POINT INFORMATION TO GRID BY APPLYING THE FACTORS SUPPLIED BY CENTRE POINT COMBINED FACTOR = 1.0000077486, CONVERGENCE ANGLE = 1'00'25.25" ALL DISTANCES SHOWN ON THIS MAP ARE GRID DISTANCES. i CITY OF RENTON � CTRL PNT. 2678 i i i S77 �\ i OF BEGINNING TRUE pOIN oESCRIPTIO i OF LEGAL LEGAL DESCRIPTION OF LEASE AREA: SW SECTION CORNER CITY OF RENTON CONTROL POINT 1640 FD 3" BRASS DISK IN CONC MON IN MON CASE, DOWN 1.2' N 170, 648.9763 E 1, 305, 835.7478 (NAD 83/91) O� \ \ `o \60 "518 LEASE AREA 1197 SO. FT. f 60 \ �5\\ (0.03 AC.) \ 14"A ti �\ \ �9- LINE OF ORDINARY HIGH \ 13"A \\\` \ \ WATER -ESTABLISHED \0 = BY FIELD SURVEY OF \ \� A V LINE OF VEGETATION \ 53946'48"W 19"CT 1 "A \ 10, 93' 12"CT 23 "CT \ \ r� 12 CT \ \ � 15 CT Cl TY OF REN TON \ \= 0 212305-9069 \so\ \ 18"CT 22'CT 16 "CT LEASE INFORMATION: o APPLICANT. CITY OF RENTON DNR LEASE NO.: PURPOSE OF LEASE: OUTLET FROM SALMON 0� �'� (D SPAWNING AND REARING CHANNEL \ \ 1 2 3 ALL THAT CERTAIN PROPERTY SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN GOVERNMENT LOT 4 OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 E, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID CORNER BEING A STONE MONUMENT WITH LEAD AND TACK, THENCE S89`00'30"E ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 3,990.47 FEET, THENCE S00'59'30"W A DISTANCE OF 524.03 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT LYING ON THE EASTERLY MARGIN OF THE MERCER ISLAND PIPELINE RIGHT-OF-WAY,• THENCE FROM SAID TRUE POINT OF BEGINNING S5029'03"E A DISTANCE OF 64.18 FEET, THENCE S4754'35"E A DISTANCE OF 56.19 FEET, THENCE S3946'48"W A DISTANCE OF 10.93 FEET, THENCE N4537'01 "W A DISTANCE OF 69.94 FEET,• THENCE N58'19'23"W A DISTANCE OF 48.26 FEET, - THENCE N28 24'01 "E A DISTANCE OF 14.37 FEET TO THE TRUE POINT OF BEGINNING. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF THE CITY OF RENTON IN FEBRUARY, 2003. LAWRENCE A. SIGNANI CERTIFICATE NO. 11422 AUDITOR'S CERTIFICATE FILED FOR RECORD THIS DAY OF M. IN BOOK OF REQUEST OF W&H PACIFIC. COUNTY AUDITOR AT PAGE G. L. 4, SEC T. 21, TWP. 23 N. RGE. 4 2003 AT AT THE 5 E., W M. ti U c U co roN � a U a o � `9 nn r �t ro co o O V' V• U I I to ti U w La O N co .G aUi w 1 � C cc Lu Q cy) \ 0 W Z>JW Z� 0cl \o �Q) WLu QU � O C'1 cc CL Q ® \ �1 io �y1 tr 0 (� a ? x W O c) �t N U 0 m m O o > o z O _ � OJ U Q d- LLJ 0 m CL � U O � � m CLl Z W SHEET 1