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HomeMy WebLinkAboutSWP273046(8)CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: DIVISION/DEPARTMENT: CONTRACT NUMBER: TASK ORDER NUMBER (if applicable): CONTRACTOR: Ron Straka, x-7248 PBPW/Utility Systems - Surface Water Utility PURPOSE OF CONTRACT: Certification of Land Rights for Cedar River, Restoration Project (Spawning Channel). 1. LEGAL REVIEW: (Attach letter from City Attorney) ATTACHED 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) N/A 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) NA 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) N/A 5. CITY BUSINESS LICENSE NUMBER: (Call Finance Dept.) 6. • ACCOUNTS PAYABLE W-9 VENDOR FORM: (If not already on file with the Finance Dept., make sure the contractor completes a vendor form and submits it to the Finance Dept.) 7. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: (If not, provide explanation) 8. FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 9.b)* $486.00 B. EXPENDITURE REQUIRED: $486.00 9. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): Approved by Council on July 7, 2003 (See Policy and Procedure 250-02) A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Over $20,000 refer to Council committee) 10. DATE OF COUNCIL APPROVAL (if applicable): July 7, 2003 11. RESOLUTION NUMBER (If applicable): 3644 12. KEY WORDS FOR CITY CLERK'S INDEX: A. Cedar River Spawning Channel B. Cedar River Dredging C. USACE D. Certification of Land Rights H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1000 - Correspondence\1003 - City\LandRightsCertChklist.doc\CMtp Rev:3102 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 23, 2004 TO: Kathy Keolker-Wheeler, Mayor FROM: Gregg Zimmerman' 4Lnistrator STAFF CONTACT: Ron Straka, x7248 Chris Munter, x7205 SUBJECT: CERTIFICATION OF LAND RIGHTS FOR THE CEDAR RIVER, WASHINGTON, PUBLIC LAW 84-99, RESTORATION PROJECT (SPAWNING CHANNEL) Included for your signature is the Certification of Land Rights package for the above project. The United States Army Corps of Engineers (USACE), with the City of Renton as the local project sponsor, constructed the Cedar River Section 205 Flood Control Project between 1998 and 2000. The project consisted of dredging within, and constructing concrete floodwalls and earthen levees along the lower 1.25 miles of the Cedar River. A groundwater -spawning channel constructed near River Mile 5.0 of the Cedar River (within Ron Regis Park) was also constructed during this time period, to serve as mitigation for the assumed loss of salmonid spawning habitat in the lower 1.25 miles of the Cedar River, following the initial project construction and required future maintenance river dredging operations. During the February 28, 2001, Nisqually Earthquake, a landslide occurred adjacent to the groundwater -spawning channel and resulted in the loss of the channel's function as off -channel habitat. In response, the City of Renton requested and obtained assistance from the USACE, under Public Law 84-99, to replace the channel to provide the long-term mitigation required for the Cedar River Section 205 Flood Damage Control Project. The Cedar River Spawning Channel Replacement Project, SWP-27-3046, is a joint effort between the USACE and the City of Renton. The Certification of Land Rights is to certify that the City of Renton has sufficient title and interest in the lands, in order to construct and maintain the project, to satisfy federal real estate requirements and allow the use of federal funds to construct the project. On July 7, 2003, the City Council authorized the Mayor to Certify Land Rights and passed Resolution 3644 authorizing the Mayor to sign the Department of Natural Resources Aquatic Lands Easement. The Certification of Land Rights package includes the following: 1. Mayor's Certification of Land Rights letter. 2. City Attorney's Certificate of Authority certifying City's land rights. 3. City Attorney's Risk Analysis for Outstanding Third Party Interests. 4. City's acknowledgment of continued obligations to be signed by the Mayor. 5. Statutory Warranty Deed conveying the parcel ownership to the City. 6. DNR Aquatic Lands Easement as discussed above. 7. Access easement granted by Shadow Hawk, LLC to the City for access to and from the project site. 8. Access easement granted by the City of Seattle for access to and from the project site. 9. Landfill information for deposition of site excavation materials. Please sign the attached documents and return to the Surface Water Utility for further processing. Attachments H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 3046 Spawning Channel Replacement Project\1000 - Correspondence\1003 -City\CertLandRightsMemo03l52004.doc\CMtp c April 23, 2004 Department of the Army Seattle District, Corps of Engineers Real Estate Division P0Box 3755 Seattle, WA 98124-3755 SUBJECT: Certification of Land Rights and Authorization for Entry for the Cedar River, Washington, Public Law 84-99, Project Restoration Project (Spawning Channel), Job No. CED-1-01 Dear Sir or Madam: By the Project Cooperation Agreement dated May 9, 1998, the City of Renton, Washington, assumed full responsibility to fulfill the requirements of non-federal cooperation as specified therein and in accordance with the Water Resources Development Act of 1986, as amended. A groundwater -spawning channel constructed on the Cedar River, within Ron Regis Park, was constructed as mitigation for the assumed loss of salmomd spawning habitat as a result of the Cedar River Section 205 Flood Control Project. During the February 28, 2001, Nisqually Earthquake, a landslide occurred adjacent to the groundwater -spawning channel and resulted in the loss of the channel's function as off -channel habitat. In response, the City of Renton requested and obtained assistance from the USACE, under Public Law 84-99, to replace the channel and construct the Cedar River Spawning Channel Replacement Project to provide the long-term mitigation required. This is to certify that the City of Renton has sufficient title and interest in the lands hereinafter described and shown on Exhibit A, in order to enable the City of Renton to comply with the aforesaid requirements of non-federal cooperation. Said lands and/or interest therein are owned or have been acquired by the City of Renton and are to be used for the construction, maintenance, and operation of the above -referenced project and include, but are not limited to, the following specifically enumerated rights and uses, except as hereinafter noted: 1. Statutory Warranty Deed: Title to the land project site is located on, verifying City ownership as shown in Exhibit B. 2. Aquatic Lands Easement: A non-exclusive easement for a term of ninety years, over, upon, and under the property described in Exhibit C, for the purpose of impacts to the Cedar River shore lands, granted by the Washington State Department of Natural Resources. 3. Shadow Hawk I Condominium Owners Association Property Access Easement: A perpetual and assignable easement and right-of-way in, on, over and across the land owned by Shadow Hawk 1 Condominium Owners Association, described in Exhibit D, for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project. 4. Seattle Public Utilities Right-of-way Access Easement: A perpetual, nonexclusive easement in, on, over and across the City of Seattle land, described in Exhibit E, for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project. 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. The City of Renton does hereby authorize the UNITED STATES OF AMERICA, its representatives, agents and contractors, an irrevocable right, privilege and permission to enter upon the lands hereinbefore mentioned for the purpose of prosecuting the project. The City of Renton certifies to the UNITED STATES OF AMERICA that any lands acquired subsequent to the execution of the Project Cooperation Agreement, that are necessary for this project, was accomplished in compliance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (Public Law 91-646) as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987, (Public Law 100-17) and the Uniform Regulations contained in 49 CFR Part 24. If you have any questions or require additional information, please contact Ron Straka, Surface Water Utility Engineering Supervisor, at (425) 430-7248. Sincerely, Kathy Keolker-Wheeler Mayor Enclosures: Exhibits A thru F cc: Gregg Zimmerman, PBPW Administrator Lys Hornsby, Utility Systems Director Ron Straka, Surface Water Uitlity Engineering Supervisor Chris Munter, Surface Water Utility Engineer H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\I400 - Permits, Plan Review\USACE\Certification\MayorCertLet.DOC\CMtp Exhibit A Section 21, Township 23, Range 5 East of the Willamette Meridian King County, Washington Sheet 1 of 2 fJ ._................... 13 •at .w. i A III .«1 ia, k'ya,rrr f < ,. f , ! r �i. J'1#�w` i,.�/�j , .� /: .[ .w+�11/ � w�.. /Gi... +'y' } Q X•! ji�'L�)� 'C/,�. �,�",J^�� .T M•-/) ,w�� ♦.-. � :fa�yyee i � (i't RJY-4 4/. - LaiQ (.� LU ). "n., ,T♦'♦ ,...♦ f J5f. .. ....... n....... CC � s... ., .. ....-.,- , < Z C3. a.... .., " o z ate' .:. Q- is ' (L Q Vt , f i� tit £ S S "�,V�'.g%' !tH r Y.y 2a'•+'' £ 4 CO( � z f, j'?'Y.qy.• S' Uvn Bi �k � 1b i ep pyY ' U " ' ` ♦\ / z as' -T R wwow,»...w..w..ww., G '-♦;�� $ .. :. 'S �5k'": �'.:V" �� ,j .d I ATTORNEY'S CERTIFICATE CERTIFICATE OF AUTHORITY PROJECT NAME: Cedar River Spawning Channel Replacement Project, SWP27-3046 City of Renton Surface Water Utility I LAWRENCE J. WARREN, Attorney for City of Renton, Washington, certify that the City of Renton is vested with sufficient title and interest in the described lands required by the United States of America to support the construction, operation, and maintenance of the Cedar River Spawning Channel Replacement Project; that the City of Renton has authority to grant the Certification of Lands and Authorization For Entry to which this Certificate is appended; that said Certification of Lands and Authorization For Entry is executed by the proper duly authorized authority; and that said authorization is in sufficient form to grant the Certification of Lands and Authorization For Entry therein stated SIGNED this ! C�4"` day of ��, 2004. 111L)(,�-,-�,eti� A NCE J. W N Attorney, City of Renton, WA HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1400 - Permits, Plan Review\USACE\Certification\AttomeyCert.doc\CDM\tb RISK ANALYSIS FOR OUTSTANDING THIRD PARTY INTERESTS RE Certification of Lands and Authorization for Entry for the Cedar River, Washington, Public Law 84-99 Project Restoration Project (Spawning Channel) , Job No. CED-1-01 There are outstanding third party interests of record in and to the lands required for the Project. An evaluation of those interests is as follows: 1. IDENTIFICATION OF THIRD PARTY INTERESTS: see attached 2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to. physically impair the Project. Discuss the legal implications if the interest is not cleared or subordinated. Discuss the practical impediments to the exercise of the interest such as any required permits, land use restrictions, or compensation.) see attached 3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in the event the outstanding interest is exercised). see attached Signed: DATE / -0 WRENCE J. ARREN Attorney for City of Renton, WA 0 1. IDENTIFICATION OF THIRD PARTY INTERESTS: A. The Parker deed to the City of Renton, for the majority of the property for this project, contains a reservation for future easements for drainage and utilities as may be necessary for the development of adjoining property to the south and west. B. The connection of this spawning channel to the Cedar River requires Renton to cross the ordinary high water mark of the Cedar River necessitating an Aquatic Lands Easement from the Washington State Department of Natural Resources. The standard form DNR easement contains a reservation of rights 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, or treaty rights for Indian tribes. 2. ASSESSMENT: A. The properties to the south and west have been fully developed and the drainage and utilities have been installed. B. DNR has assured the City that there are currently no encumbrances on the easement property. Additionally, Renton is familiar with this area, as it owns the most, if not all of the up lands on the south side of the Cedar River, the side of the river where this spawning channel will be built. There are no visible or apparent uses of the DNR land that would conflict with this project. The project will not interfere with the rights of the public under the Public Duty Doctrine or the Federal Navigation Servitude. The Indian tribes have urged the reconstruction of this spawning channel and the spawning channel will not interfere with their treaty rights. U W.11 DTI C/x77Y9)A1VM A. All development proposed under the deed reservations has been done so there should be no issues to resolve. Should there be an issue regarding the reservation in the Parker deed, the City as the permitting agency, has the right to redirect the use to other properties that it owns in the general area, cause the improvement to be constructed in such a manner as to not interfere with the subject project or require the construction methods be utilized, such as boring or momentum dissipaters that would eliminate impact to this project. B. There appears to be no conflict and the City can only speculate as to how conflict might arise. Should conflict arise, the City will utilize its ownership interests, approval authority or eminent domain rights to resolve the issues. DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 REPLY TO ATTENTION OF Operations Divison Emergency Management Branch Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way —Fifth Floor Renton, WA 98055 December 1, 2003 r DEC 0 2 2003 CITY OF RENTON UTILITY SYSTEMS RE: Cedar River, Washington, Public Law 84-99 Project Restoration Project (Spawning Channel) , Job No. CED-1-01 Dear Chris: This letter in response to the City of Renton request of March 23, 2001 for assistance under PL 84-99 to repair major earthquake damage to the Section 205 Cedar River Flood Damage Reduction Project mitigation spawning channel. Enclosure 1 is a copy of the Project Information Report (PIR)of June 25, 2001 that is currently in the process of being updated to describe the proposed replacement flood control mitigation spawning channel. The new spawning channel will be located downstream of the former spawning channel. A copy of the revised PIR will be provided when it becomes available. As previously discussed with the City of Renton staff the actual repair work is 100 percent federal cost. However, the terms and conditions of the May 9, 1998 Project Cooperation Agreement (PCA), Enclosure 2, between the United States Government and City of Renton applies to the proposed spawning channel construction. What this means is the City must comply with the three basic provisions to the Agreement generally referred to as the A-B-C's listed below. A. The City of Renton must make available without cost to the United States all lands, easements and rights -of -way, and rights -of -entry necessary for construction of the above referenced project feature. (See Articles III. D. 2. and Article III. of the PCA). B. The City of Renton must hold and save the United States free from any claims for damages arising out of the construction of the project. (See Article IX of the PCA). C. The City of Renton must maintain and operate all the Project features after construction, and prevent any encroachment on the completed work. (See Article VIII of the PCA). Operations Division 2 Emergency Management Branch Please have the mayor acknowledge the city's continued obligation of providing the A-B- C's presented and more fully described in the PCA of May 9, 2003 by signing in the space provided at then end of this letter. Enclosure 3 is a combination Certification of Lands and Attorney's Certificate document (duplicate). The mayor must sign the land certification portion, and the City attorney must sign the Attorney's Certificate and complete the Risk Analysis Form after the City completes all its lands acquisition activities. The City must also provide along with the completed certification documents the types of supporting documents listed below and verify that the City has sufficient interest in the lands for construction, operation and maintenance of the spawning channel. Types of acceptable evidence of defensible title to the project lands include the following documentation that must be legible. • Title policies with copies of recorded exceptions. • Copies of recorded deeds of conveyance from the owners of record for each parcel of land within the project footprint, including access routes to the project site. This includes subordination agreements used to clear title on the project lands. • Copies of order in condemnation or eminent domain proceedings if applicable. Also, please cross-reference all title evidence to a plat map or right-of-way drawing or Exhibit A in the Certification of Lands package. A copy of the drawing containing the cross-referenced information must be included with the title evidence you send as part of the Certification of Lands package. Following receipt of a complete Certification of Lands with original signatures, Mr. Bruce Rohde, Corps Real Estate Attorney will review the City's certification package for sufficiency of title, area, and interest for the lands needed for the project before the COE will advertise for construction. The City must return one original signature copy of this letter, and one original signature Certification of Lands and Attorney's Certification document by February 2, 2004 or sooner. Sincer Pa omoroske, P.E. Chief, Emergency Management Branch Enclosures Operations Division 2 Operations Division 3 Emergency Management Branch The City of Renton, Washington, acting by and through the Mayor hereby acknowledges the City's continued obligations as stated in the Project Cooperation Agreement of May 9, 1998. CITY OF RENTON, WASHINGTON KATHY REOLRER-WHEELER, MAYOR 3 Date DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 REPLY TO ATTENTION OF Operations Divison Emergency Management Branch December 1, 2003 Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way —Fifth Floor Renton, WA 98055 RE: Cedar River, Washington, Public Law 84-99 Project Restoration Project (Spawning Channel) , Job No. CED-1-01 Dear Chris: This letter in response to the City of Renton request of March 23, 2001 for assistance under PL 84-99 to repair major earthquake damage to the Section 205 Cedar River Flood Damage Reduction Project mitigation spawning channel. Enclosure 1 is a copy of the Project Information Report (PIR)of June 25, 2001 that is currently in the process of being updated to describe the proposed replacement flood control mitigation spawning channel. The new spawning channel will be located downstream of the former spawning channel. A copy of the revised PIR will be provided when it becomes available. As previously discussed with the City of Renton staff the actual repair work is 100 percent federal cost. However, the terms and conditions of the May 9, 1998 Project Cooperation Agreement (PCA), Enclosure 2, between the United States Government and City of Renton applies to the proposed spawning channel construction. What this means is the City must comply with the three basic provisions to the Agreement generally referred to as the A-B-C's listed below. A. The City of Renton must make available without cost to the United States all lands, easements and rights -of -way, and rights -of -entry necessary for construction of the above referenced project feature. (See Articles III. D. 2. and Article III. of the PCA). B. The City of Renton must hold and save the United States free from any claims for damages arising out of the construction of the project. (See Article IX of the PCA). C. The City of Renton must maintain and operate all the Project features after construction, and prevent any encroachment on the completed work. (See Article VIII of the PCA). Operations Division 2 Emergency Management Branch Please have the mayor acknowledge the city's continued obligation of providing the A-B- C's presented and more fully described in the PCA of May 9, 2003 by signing in the space provided at then end of this letter. Enclosure 3 is a combination Certification of Lands and Attorney's Certificate document (duplicate). The mayor must sign the land certification portion, and the City attorney must sign the Attorney's Certificate and complete the Risk Analysis Form after the City completes all its lands acquisition activities. The City must also provide along with the completed certification documents the types of supporting documents listed below and verify that the City has sufficient interest in the lands for construction, operation and maintenance of the spawning channel. Types of acceptable evidence of defensible title to the project lands include the following documentation that must be legible. • Title policies with copies of recorded exceptions. • Copies of recorded deeds of conveyance from the owners of record for each parcel of land within the project footprint, including access routes to the project site. This includes subordination agreements used to clear title on the project lands. • Copies of order in condemnation or eminent domain proceedings if applicable. Also, please cross-reference all title evidence to a plat map or right-of-way drawing or Exhibit A in the Certification of Lands package. A copy of the drawing containing the cross-referenced information must be included with the title evidence you send as part of the Certification of Lands package. Following receipt of a complete Certification of Lands with original signatures, Mr. Bruce Rohde, Corps Real Estate Attorney will review the City's certification package for sufficiency of title, area, and interest for the lands needed for the project before the COE will advertise for construction. The City must return one original signature copy of this letter, and one original signature Certification of Lands and Attorney's Certification document by February 2, 2004 or sooner. /Sincerel , Paul Kom roske, P.E. Chief, Emergency Managemen ch Enclosures Operations Division 2 Operations Division 3 Emergency Management Branch The City of Renton, Washington, acting by and through the Mayor hereby acknowledges the City's continued obligations as stated in the Project Cooperation Agreement of May 9, 1998. CITY OF RENTON, WASHINGTON KATHY REOLRER-WHEELER, MAYOR 3 Date 'r SECURITY TITLE INSURANCE COMPANY SECURITY OR WASHINGTON TITLE ••OY BlOONO •VCNUi /I�TT�I, waB.+�NR TON 88�0� �•'aiN :f •OA 70 THIS SPACE RESERVED FOR`RECORDER'S USE 701%rL7Tn Tm T Filed for Record at Request of NAME 'Larry J. Warren, City Attorney of Renton ADDRESS P.O. Box 626 CITY AND STATE Renton, WA 98055 STATUTORY WARRANTY DEED THIS DAY c`3.3 n ,� t i ilifr! 81981 a'f li' +ISIOIJ OF 1EC0, li)S Cyr, LLrCT10NS KING COUNTY THEGRANTORs, C: A. Parker and Kathy Parker, husband and wife; d/b/a C. A. Parker Company for and in consideration of Ten Dollars ($10. 00 ) in hand paid, conveys and warrants to City of Renton as Grantee, the following described real estate, situated in the County of State of Washington: See Exhibit A attached hereto and by this reference incorporated herein. Itliin r (��ivtiiClu r'�:: �� u. oc Dated this day of August, 1981. a er (SEAL) Kath Parker (SEAL) STATE OF WASHINGTON ) } ss. County of King l On this day of August, 1981 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C. A. Parker and Kathy Parker, to me known to be the individual sdescribed in and who executed the foregoing instrument, and acknowledg,0. to me chat the Y signed and sealed this said instrument as their free and voluntary act and.deed, for -the. uses and purposes therein mentioned GIVEN under my hand and official seal this % day August, 1981 • tic t/b; r.. • W 1pll o � to o ark Pu61i in and the State of µ.`as i' d►7,1�� �',�`� residing at TL.1 3/67 '! xsx-dVr xxsVx —..�, -t, x�xx�rd • V T86T 4snbnV :pagva • 49am pua g4nos aq4 o4 I4aadoad. buiuioCpa aq4 ;o 4UatudoTanap aq4 ao; dayssaotu aq Maui sa sai4TTT4n pua abautaap ao; s4uamasaa aan4n; o4 4oaCgng pxooax ;o aluatu as ea of loafgng •2utuul2ag;o iutoci anx,L aga of 'aanTg xepaZ) aga;o ms'aatu �Txaasann -glnos peas 2uoje 'AT-'aasanngaxou aauagL :xanlZT xapaO aga ;o ul4xatu ATxaIsann -ganos peas. oa 'aaa; g1.T•3o aouEastp a 'autT ganos peas 2uoja 'ATxaasaa aouagy, 'I, aorj •I,no0 PIP ;o QUIT ggnos aqj of 'UT2x2ua-CjaaaswAggnos plies oa Tall'exed 'Ajiaaseaganos aouagy, :xantd xapao plies ;o u12xaTu djaaasanngjnos ag4;o f,jsaganos aaa; SLI aulod a oa aaa•; T- OZyv 3o aotraastp a 'aull gI ou plas;o xejnol puadxad'Ajxagaxou aouag,L ;T, aorl •a,noE) pT-es ;o QUIT a'san, aga ;o as -ea aaa; OSL aulod a oa 'aaa; +0£TI 3o aouaaslp a QUIT gaxou plies oa jajjaxad 'Alaals-ea aouagy :aaa; 0:�6 ;o aauaastp a 'T, 407 •a,noO ;o autT asann pees oa TQTTa.zEd 'ATx.aganos Q aauagy :jZ uotaoas ptas ;o {, 101 •a�noO ;o aulT asann aga ;o asann aaa; 08£ co aulod a oa 'aaa; OLZ;o aovaastp a 'QUIT tp-zou peas 2uoja ATaaasaen aaTrag,L Qp :9utuu'2ag ;o aulocT an -Ty aga ' T Z uoT40ag Peas ;o aulj gaxou aga gates xantg xapao aga ;o u121atu Ajxaasaan aga;o uolaoasxaaut;o auiod aga as dutum2ag 0 :smojjo; se poglaosap uoaiutgsaM 'AlunoD 2ut}T ul ' •y� •,yt 'agld 'NUI 'TZ uotaoas ;o uolaxod aag,L 0 V siszxxa 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.................................................................................... 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver......................................................................... 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 9ADefinition............................................................................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 pennitted 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 envirommental 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: (1) 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. 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 (l 20) 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 e411 By: Ct t4AM 0 k . -U, KAT KEOLKER-WHEELER Attest: Bbnnie I. Walton, City Clerk ' cn Dated: 20 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 Pl` ti Assistant Attorney General State of Washington Form Date: 06/1998 16 of 18 Agreement No. 51-074605 GRANTEE ACKNOWLEDGMENT STATE OFIJ6 � i'+ 4:i2'", ) ss COUNTY OF E:' �= J ) On this day of AQr1( , 20 0 , 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 ��� pit i :'o NOTAP y 9-19 p6 . icl��i� I�euvnann (Type/Print Name) Notary Public in and for the State of Washington residing at: W fV-ri My Commission Expires: iffToo 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 residing at: My Commission Expires: Form Date: 06/1998 18 of 18 Agreement No. 51-074605 SEATTLE I SYSTEMWAICCORNWALL I USER: I CPC .. a � D lr. i ? n,r.�Cn A L_� • 4 4 ^ 2 n C nnao O ;t 2t C O '1Nc lal-I - -- - -. 6L9Z o .-- — _ — .B6'L9.M,BS.BOFUN s f. t� 9a90` 00001 p 0nia 30J � m ^Z' 1c. '. S 3SOI x so_, on,� vG �D �� 'L3�6[ti jOS�^,c nAmi 83N23 NVo30 i oo� ii N nm� r2A < xl O >I� .x o >aa G I T (7 -�J_- o cgs V No I o� i a. - = 2 �- _ .o I 2 2 2 2 n ' n .F rf N c O OO +. 2 A 4• a x � n > AST m 2' O AAAQ$ V1 A$} z w �N � Nib A g ��m �N � XI-ErBIT f} USE CHECKED BY: DRAKW BY: CPC APPP.OVED BY: LAST EDIT: 02113/03 PLOT DATE: 02114 DATE BY RrVj P.EVIS;ON CK' !R e I pp nr n0.-g2 2222222222p'i; nnnnnn�inn��'Z C2-1 <2j�p;N `m �2p2�0 FF po 2pp? 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LAST EDIT.0213/DS PLOT OAT[: 02114103 DATE 18Y REVA REWS)aV CKD PR NNn n-. 222222y20 2p� C) mmt�i.b�A�OQZ2 �In lO`i FZp�p ; 2 �?Q4g^'n8n•-$ ��� �nn��Kit�fe rq �up o aytlOq^�p2±vx^ Nei , a 4'�=�IpnyA n r.l c;, g n vv to 4� a�� o£ Ag p S Z C,-F Z O> 3 oom'c�Sz4: ..r. �•j r,.2_.0 Zn0 t ni .n nypA •- =' 2pp in 5 >Ap '� NO nz pW..nT > AI 4 a 'nm�4ipw,n„5��. �Q M t nn, z Q' azpp a Z ` HO1'17'58•E 5789.21• g^ vR m >8>z o� Ag 5 f-07 gbos- CITY OF RENTON or •^a. �•fi�+; RECORD OF SURVEY ayso>b.l. hn. n.k�.>. • DNR AQUATIC LANDS LEASE AREA eornen. ,•,h1 9B 21-89 2 R[NTON .CEDAR RIVER �•_ WAWNGTON (.>a1..1-•xe ,wK ":"'ALE-: PenJECT NO. DRAWING FILE *NAME: •1pid"` �• •^ •rt•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 conJluentus). 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: Ron Straka 1055 S. Grady Way —5`h Floor Renton, WA 98055 (425) 430-7248 Department of Natural Resources: 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 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 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. C:\Documents and Settings\wongm\Local Settings\Temp\dvtemp514\dve4F.4ymSl, inp\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'!C"day ofT�,6_ 2004. SHADOW HAWK I CONDONQNIUM OWNERS ASSOCIATION f Bryan Whit , Its Co-�sident Tyxty James, Its Co -President a4 vvvimn IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box -`C-��N A. N4C' •SAl 1 \SIO:�'L = o CAOTAR), m : i e\GF'NASItY' REPRESENTATIVE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that &ym A�'i e v signed this instrument, on oath stated that the was/were authorized to execute the instrument and acknowledged it as e L L- Fy—LAA and f:�- l� of i A V-'j. Cobb o, iiss .-, to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public iA and for the State of Washington Notary (Print) iM h O2��,Q-, My appointment expires: rA •ct - o--f Dated: 7 , -C;t 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: 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 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 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 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 67019'23"; 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 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 20052'49'; 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 37°25'35" 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 28°49'26" 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 31 001'44'; 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 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 72°03'59" 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 09°39'14" 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 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. Attachment A FZ W Scale: City of Renton Access Easement Centre 3M Sth fweAut gstrh rWtr*; V*7 X& OW-73 Pointe Surveying Page 7 Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 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 % 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 I/f� day of 14101-t t , 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 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 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 10.6), 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 Seaitle By: - CHUCK CLARKE, Director Seattle Public Utilities STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The City of Renton By: __ ' e - l GREGG ZI M RM d iNstrator Planning/Bf it ng/ ubiic 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: ``��pN�lrrrbr� OM ? NOTANY ? i1�,i�OF �INASN`���`�� �; dix= 6 L Notary (print name) b Y1(LS.( . M Notary Public inand for the State of Washington, residing at _ �} My Appointment expires - C� 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:. �► _ `SSioNF �,y'L°s, Notary (Print name)` =�if-n- � )A 0 �OTAy 9N.. Notary Public in and for the State of Washington, o.. ;10 N : AUBLIG residing at ,yj .�0-1g.0�.\ ���' My Appointment expires Op Page 6 4\\ L 96ed (3 -Z LL) LLJ C14 Rn �' luautq3vjjv 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 $40/ 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-4pm 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1200 - Real Estate\Disposal site\DISPOSAL SITE CERTIFACATION.doc\RStp Map Output '.•- King County NEM, News erw ces Gantry► nts Search http://www5.metrokc.gov/servleticom.esri. esrimap.Esrimap?ServiceName=overview&Cli.... 03/ 17/2004 Permit Application Information - DDES, King County Washington (* King County milmm. _ 1 , _ Department of Development and Environmental Services ► DOES Homepage 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 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. Page 1 of 1 http://appsOl.metrokc.gov/www6/ddes/scripts/permdetail.cfm?permit_no=L03GI182 03/17/2004 Pro Con Constru ction 1;Ic. p .o Box 1149 19840 SE Jones Rd. Renton, WA 98057 425-271-1041 Fax 425-271-1413 Current Prices 4-01-03 Dear Valued Customers: ,Scx1 Sarno QsDry Solo Load ............................................... 40 00 C) I ram- L-c," Dry T&T Load (Side or End Dump the Same) 72.00 Mud Solo Load ...... .......... . .......... ......... .... $ 80.00 Mud T&T Load (Side or End Dump the Same) .........$144.00 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 3:15 PNj, Closed Sat. and Sun. b ( n r-�P—b cN' 5 41,�-,VyN,�Ds MapQuest: Driving Directions: North America 2 www.travelocity.com (�L� ► ��� The Morrison House First class Relais & Chateaux property just minutes from www.morrisonhouse.com CJ(6 L(C> '5rz- J 2:7 l= A-% -C/25-- 2:7 t — Hotels -Save up to 70% on Orbitz Savers nationwide. Search Renton, WA! ,'f "' Flights - Find low fares to the Seattle/Tacoma area! Car Rentals - Find special offers on rental prices in the Seattle/Tacoma area! 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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 MAPS ofovW6 ip# C`r#4i'4 YELLOW PAGES Home I Help I Settings I Mobile Driving Directions Print I E-Mail I Download to PDA I Reverse I New Directions [1300-15991 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 Distance Maps 1: Start out going East on HARRINGTON AVE SE toward SE 0.1 miles MaD MapQuest Sear( Enter Business or Ca Renton Offers: Hotels Washington ho The Morrison House - only Relais & Chateau www.morrisonhousE 16TH ST. All -Suite Hotel it Comp. Breakfast & Hi - Upscale Amenities & E 2: Turn RIGHT onto INDEX AVE SE. 0.2 miles Map www.larkspurlandirn 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 30NES RD. 15: End at 19840 SE ]ONES RD RENTON WA Total Est. Time: 20 minutes 0.1 miles Map 0.3 miles Map 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. 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 Loc Amenities - Search Nc www.cheaptickets.c 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 A http://www.mapquest.com/directions/main.adp?go=1 &do=nw&2n=KING+COUNTY& 1 t:... 03/17/2004 Map Output Page 1 of 1 0 King County or m-Mm, I 'cic http:llwww5.metrokc. gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&Cli,... 03/ 17/2004 Permit Application Information - DDES, King County Washington Page 1 of 1 9King • !are as Cons eats , S rch Department , of Development ana Environmental Services �e Online Permit Detail Permit Information: Activity No: A04CIO16 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 EXP DATE: 1 /31 /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 County ( Permit Applications Report Engine ( 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/penndetail.cfm?per nit_no=AO4CIO16 03/17/2004 v Qf 0 O d n N — (D CD zv o m x y � — n 2y o- 3mo` m :3 o L cl D O c _ �d m O c O to c _ cn 3 � c ni =r (D v 0 0r5. F; x FD 3 0) d a a rt O v O_ d IrD o V' o " 3 Q o 0 Q y C 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! flF," 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 All rights reserved. Use Subiect to License/Copyright I Map Legend ,F�CWr These directions are informational only. 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MA" D1i'='1t" YELLOW Home I Help I Settings I Mobile 0*9114"Oms PAGES Driving Directions Print ( E-Mail I Download to PDA ( Reverse ( 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 - 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 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 0.1 miles Map 0.3 miles Map 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 0.7 miles Map Map Total Est. Distance: 9.26 miles Need a place to stay? Washington hotels The Morrison House - Washington's only Relais & Chateaux MapQuest Searc Enter Business or Ca Maple Valley OffE Hotels 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 40% 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.t 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 The Watergate H The hotel that defines Experience the magic www.watergatehote Hotels A http://www.mapquest.comldirectionslmain.adp?go=1 &do=nw& 1 tabval=address&2tabval=... 03/17/2004