HomeMy WebLinkAboutA 9706230814 ' r � . " ` ` "_�r
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WHEN RECORDED RETURN TO:
Office of the City Clerk
Renton Municipal Building
200 Mill Avenue South �����v��
Renton, WA 98055
JUN 1 1 1997 I
KING COUtVTY
RECORDER
� ` AGREEMENT AND EASEMENT Project:East Side Green River
� FOR DRAINAGE CHANNEL AND watershed Project
� PEDESTRIAN TRAIL Work Order#65230
� PID: 24230490115
� � Grantor:Hunter pouglas.Inc ,
� STR: Sec 24.T23N.R4E
, � Street Intersection: 19th Street and.
� Raymond Avenue
'� THIS INSTRUMENT, made this /Ofh day of T6lA/E 1997; by and
between Hunter pouglas, Inc., hereinafter called "Hunter pouglas," and the CITY OF `
RENTON, a Municipal Corporation of King County, Washington, hereinafter called "City."
WHEREAS, Hunter pouglas is the owner of certain real property located in the City legally
described as Lot 1 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County
� . Recording No. 9508039005)and which lies adjacent to and west of Springbrook Creek.
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WHEREAS, the City is proposing to widen Springbrook Creek along the Hunter pouglas
property as identified in the East Side Green River Watershed Project Plan and Environmental
� Impact Statement (City File LUA-95-205,ECF) so as to increase the capacity of the creek to
� convey flows and thereby reduce upstream flooding problems.
� WHEREAS, an easement is required from Hunter pouglas over the east 50 feet of its property
'' along Springbrook Creek in order for the City to accomplish the widening project.
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U, WHEREAS, Hunter pouglas is proposing to develop its property in accordance with the
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� Raymond Avenue Center West proposal(City File No. LUA-96-104,SA,SM,ECF).
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zWHEREAS, the development proposal includes construction of a private bridge over
� Springbrook Creek as its primary access, construction of a paved pedestrian trail within a
� dedicated trail easement allowing public access along the entire length of the Hunter pouglas
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;-+ H:DOCS:97-410:SW:ps Agreement and Easement I�,
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'�' PROPER7'Y SERVICES
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property along Springbrook Creek, and requires filling within the 100-year floodplain as
defined by the Federal Emergency Management Agency(FEMA).
WHEREAS, Hunter pouglas does not have sufficient area on its property to excavate a volume
of material equal to the volume of floodplain storage that will be filled by the development,
except within the east 50 feet of its property.
WHEREAS,the City has offered to construct the required compensatory floodplain storage for
the Hunter pouglas development as part of its channel widening project in exchange for the
granting of a drainage channel easement over the east 50 feet of the Hunter pouglas property.
WHEREAS, Hunter pouglas desires that the center of its bridge over Springbrook Creek be
offset 9 feet west of the centerline of the property along the creek owned by Drainage District
No. 1 adjacent to and east of the Hunter pouglas property.
WHEREAS, hydraulic analysis conducted by Hunter pouglas shows that the planned widened
�, channel section will need to be centered within the span of the bridge at its shifted location so
� as to minimize head losses through the structure.
�
O WHEREAS, the City may need to construct a retaining wall to support the pedestrian trail on I,
� the west bank of the creek when the channel widening project is constructed and shifting the
� bridge opening closer to the pedestrian trail will result in a need for higher retaining walls
(� supporting the trail in the vicinity of the bridge.
�
� WHEREAS, the original design for the Hunter pouglas bridge abutments and wingwalls must
be modified.so as to allow for future excavation of a widened channel under the bridge.
WHEREAS, modifying the bridge design to accommodate the planned channel widening
significantly increases the cost of the bridge.
WHEREAS, installing the bridge to accommodate the planned channel widening when the
bridge is originally constructed is less expensive and disruptive than making modifications to
the bridge after it has already been built and is operational.
WHEREAS, the City desires that the Hunter pouglas defer construction of the pedestrian trail
until after the channel widening is completed so as to avoid the need for temporary closures of
a newly constructed trail and to avoid potential damages to the new trail that could result in
unnecessary restoration costs and construction delays.
WHEREAS, the Hunter pouglas property is currently "land locked" with no developed access
to the public right-of-way.
H:DOCS:97-410:SW:ps Agreement and Easement
Page2of10
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WHEREAS, the Hunter pouglas development proposes and approval is based upon being able
to construct the bridge over Springbrook Creek as primary access to the Hunter pouglas
property.
WHEREAS,Hunter pouglas must complete installation of the bridge within an extremely tight
construction schedule before its temporary construction access easement through Boeing
property to the west of the Hunter pouglas property expires.
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, and in corisideration of the
performance of the covenants, terms and conditions hereinafter set forth, Hunter pouglas
� hereby grants, bargains, sells, conveys, and warrants unto the City, its successors and assigns, a
permanent non-exclusive easement over, under, through, across and upon that portion of the
Hunter pouglas land described in E�ibit A(the easement area).
1. The City shall have the right to use the easement area for installing, constructing,
operating, maintaining, removing, repairing, and replacing a drainage channel, pedestrian
trail, and related appurtenances and shall have right of ingress and egress thereto for the
� foregoing purposes without prior institution of any suit or proceedings of law. Following
� the initial construction of its facilities, the City may from time to time construct such
Q� additional facilities as it may require.
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� 2. Except for repair and restoration of damage to the bridge or any of its components, which
� shall be completed by the City immediately following the occurance which caused such
� damage, the City shall, upon completion of any work by the City or its agents within the 'I
� property covered by the easement, restore the surface of the easement, and any
� improvements disturbed or destroyed during execution of the work, to the condition they
were in immediately prior to commencement of the work or entry by the City ar its agents.
All restoration shall be performed as soon as reasonably possible following completion of
any work and shall be coordinated in advance with Hunter pouglas so as to cause the
minimum amount of disruption to the use of and operation of the Hunter pouglas property
of which the easement area is a part.
3. Hunter pouglas shall retain the right to use the easement as long as such use does not
interfere with the easement rights granted to the City. Upon providing as much advance
notice to the City as possible, Hunter pouglas may use the trail and easement for the
purpose of reconstructing, maintaining, and repairing its storm water management
facilities, bridge, and related appurtenances. Any improvements disturbed or destroyed
during execution of the work must be restored to the condition they were in immediately
prior to commencement of the work and use of the trail and easement by Hunter pouglas.
All restoration shall be performed as soon as reasonably possible following completion of
any work. Hunter pouglas shall perform its work so as to cause the minimum amount of
H:DOCS:97-410:SW:ps Agreement and Easement
Page 3 of 10
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disruption to the use of and operation of the trail and easement and shall provide temporary
alternative routes for trail users when possible. Temporary trail closures shall be kept to a
minimum. Notice of temporary trail closures shall be posted at least two days in advance
in a minimum of two conspicuous locations along the trail as directed by the City.
Emergency closures shall be posted immediately.
Hunter pouglas shall not,however,have the right to:
a. Erect or maintain any buildings, utilities, structures, and related appurtenances within
the easement, except the following:
• Hunter pouglas may instali a vehicular bridge, approach roadway, and related
appurtenances as needed to provide access and utility service across the creek for
the Hunter pouglas property. The design and construction of the bridge, approach
roadway, and related appurtenances proposed by Hunter pouglas within the
easement area shall be in accordance with the attached plan SPR-3, subject to other
governmental agency permit and code requirements and the conditions set forth in
this agreement.
• Hunter pouglas may install storm water outfall culverts to the creek across the
easement. Culvert design and construction are subject to City and other
d' governmental agency permit and code requirements.
� • Hunter pouglas has agreed to install a pedestrian trail and related appurtenances
� along the entire length of its property along Springbrook Creek. The pedestrian
, � trail design and construction are subject to City and other governmental agency
� permit and code requirements. The City agrees that the pedestrian trail and related
Oappurtenances required to be installed by Hunter pouglas, ar which are deferred
� pursuant to Section 11 of this Agreement, shall be substantially similar and with
,� the same general standards for construction and materials as those required of
property owners adjacent to the Hunter pouglas property.
b. Develop, landscape, or beautify the easement area in any way which is inconsistent
with landscaping plans developed by the City as part of its channel widening project or
which would unreasonably increase the costs to the City of restoring the easement area
and any private improvements therein.
4. Hunter pouglas agrees to design and install bridge abutments and wingwalls which allow
for future excavation of a widened channel at the bridge crossing. The design of the
abutments shall based on a future ground elevation at the face of the abutments of 11.7 feet
(NAVD 1988 Datum) and 2 feet of cover above the bottom of the abutments. The design
of the wingwalls shall be based on a future excavated grade of 3 horizontal to 1 vertical
extending upslope from the future ground elevation of 11.7 feet at the face of the
abutments.
H:DOCS:97-410:SW:ps Agreement and Easement
Page 4 of 10
5. The City agrees to reduce the following Hunter pouglas developmentlmitigation fees by up
to a total amount of one-hundred and thirty-six thousand four-hundred and eighty-seven
dollars($136,487).
• Surface Water, Wastewater, and Water Utility system development charges.
• Transportation mitigation fee.
The total amount by which the fees will be reduced shall be determined by computing the �
actual cost to design and install the bridge wingwalls and abutments in accordance with
item 4 above and subtracting the cost Hunter pouglas would have incurred to design and
install the abutments and wingwalls to fit existing channel grades. The final cost
determination shall be based upon a detailed cost report prepared by Hunter pouglas: At a
minimum the detailed cost report shall include the following information:
a. A detailed cost breakdown of the actual design and installation cost for the bridge as
constructed under the terms of this agreement, including a separate breakdown for the
abutments and wingwalls.
b. A detailed cost breakdown of the design and installation cost for the bridge had the
abutments and wingwalls not been constructed to accommodate the future widening
project in same format and level of detail as the cost breakdown for item Sa above.
� Actual design cost shall be used. Construction costs shall be estimated using the same
�1 unit prices for the bridge as actually constructed for similar items of work.
� c. The cost report shall list the quantity installed and the unit price for each item of work
� used in computing the total cost. The report is also to include all pertinent supporting
�►a documentation, such as material invoices, labor charges, equipment charges, approved
(�j bid proposals, and approved change orders. Costs shall include Washington State
C� sales tax as applicable.
�
� The City shall provide Hunter pouglas with any comments on the detailed cost report
within fifteen (15) days after receipt thereof. The parties shall work diligently together to
resolve any differences in conclusions as to the amount of credit to which Hunter pouglas
shall be entitled.
Payment of the full amount of the development/mitigation fees listed above minus that
portion to be offset by the City as set forth in this agreement shall be made at or prior to
issuance of the Certificate of Occupancy. Any costs exceeding the maximum allowable
reduction in development/mitigation fees ($136,487) shall be the responsibility of Hunter
Douglas.
6. Hunter pouglas retains full responsibility for the installation, operation, maintenance, and
repair of the entire bridge structure, including that portion installed to accommodate the
future channel widening project, and shall hold the City harmless for any liability arising
therefrom. In the event the City damages the bridge structure or any portion or component
thereof, however,the City shall have full responsibility for the repairs or restoration of the
bridge or any portion thereof performed by the City pursuant to Section 2 of this
H:DOCS:97-410:SW:ps Agreement and Easement
Page 5 of 10
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Agreement, and shall indemnify, defend and hold Hunter pouglas harmless from and
against any claims, damages, actions, costs and fees (including attorney's fees) arising
from such damage and repair and restoration.
7. Hunter pouglas agrees to keep available for inspection, by the City, for a period of six
months after Certificate of Occupancy is issued for the Hunter pouglas project, the cost
records and accounts pertaining to this agreement and all items related to, ar bearing upon, �
these records. '
8. Hunter pouglas agrees to release the Gity from any liabi�lity-resultir�g-from failure to
complete construction of the bridge within the time limits established by any permit or
easement granted the Hunter pouglas project.
9. Hunter pouglas agrees to pay any additional costs associated with the need for deeper
retaining walls along the pedestrian trail in the vicinity of the bridge resulting from shifting
the bridge 9 feet to the west. It is estimated that the wall height would increase 3 feet at the
bridge and have no impact beyond 100 feet either side of the bridge. The resultant impact
of the bridge offset and the need to install the widened channel section centered in the
`� bridge opening and therefore closer to the pedestrian trail is then estimated at 300 square
� feet of additional wall area. The City agrees to be responsible for maintenance and repair
� of the completed retaining wall.
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� 10. The City agrees to provide and construct any compensatory storage volume required for
� filling in the 100-year FEMA floodplain caused by the Hunter pouglas proposaL
� 11. The City and Hunter pouglas agree to defer construction of the pedestrian trail until no
�
later than September 1998, unless an extension of the deferral is agreed to by both parties.
� The deferral shall be in accordance with Section 4-34-12 of the Renton City Code as if the
requirements were set forth fully within this agreement, except that the Administrator of
the Planning/Building/Public Works Department shall perform all functions attributed to
the Board of Public Works and the amount of the security shall be reduced from 150% to
120% of the estimated cost of the pedestrian trail and related appurtenances. The cost
used to determine the amount of the security shall include the additional costs associated
with the need for deeper retaining walls along the trail as set forth in item 6 above. At its
option, the City may install the pedestrian trail as part of the channel widening project
currently scheduled for the summer of 1998, in which case Hunter pouglas would
reimburse the City for its share of the actual costs to install the trail and related
appurtenances.
The agreement and easement shall run with the land described herein, and shall be binding
upon the parties, their heirs, successors in interest and assigns. Hunter pouglas covenants that
H:DOCS:97-410:SW:ps Agreement and Easement
Page 6 of 10
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they are the lawful owners of the above properties and that they have a good and lawful right to
execute this agreement.
Si na s of unt ou las:
� /��a.� C�������-�
� . and
�
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that �l�k.JVt, �OSGt�) signed this
instrument, on oath stated that he/skeftkeq was�autho ized to execute the instrument and
ackn �cl dged it as the t�ILu R� a(,(,fh„ of a p to be
t�a�ee.�lf�l/y�luntary act of such rty/parties for the uses and purposes mentione ' the instrument.
�' ' �� �' �
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" �"` ` Notary Public in and for the S e
� p����� ',�����,. of Washington residing at
�' �.���, ;� Notary(print): ��D�(� IZIC! C�rA�
:«�yyl,.•
� i ..;:��„�K�SN�,,,, My appointment expires: S��/ 2 n(�Q
G� '��.,...,...,,���•
�� Approve to Legal Fo CI F RENTO
C.tirrv.�.1.P � G�r�n.2� �
LD BY: ' BY �'
� Lawrence J. Warren, J se Tanner
� City Attorney Mayor
�
ATTEST:
0��0���1�\!S!1!Ul3Bfdlft/OI��'/
4`�a,,,,��.�y p�F R EN j,o,,,,�,,� B
��V� �r � % Marilyn J. Peters
� City Clerk
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�v,pQ,annu�um�
H:DOCS:97-410:SW:ps Agreement and Easement
Page 7 of 10
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EXHIBIT A
LEGAL DESCRIPTION
Easement Area:
The east 50 feet of Lot 1 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording
No. 9508039005) in the southeast quarter of the southeast quarter of Section 24, Township 23 North, Range
4 East,W.M., in King County,Washington,more particularly described as follows:
Commencing at the southeast corner of said Lot 1 and the true point of beginning;
thence along the east line of said Lot 1 the following courses:
N 37°00'42"W 4.90 feet;
thence N 55°28'15"W 77.73 feet;
thence N 52°24'00"W 186.51 feet;
thence N 54°03'S7"W 286.58 feet;
thence N 35°11'09"W 148.78 feet;
thence N 23°44'21"W 85.39 feet to a curve concave to the east having a radius of 75.78 feet;
thence northerly along said curve through a central angle of 59°07'34"an arc distance of 78.20 feet;
thence leaving said curve on a non-tangent bearing N 50°08'30"E 114.42 feet;
thence N 51°45'16"E 72.30 feet;
thence N 59°39'11"E 96.54 feet to a curve concave to the northwest having a radius of 114.57 feet;
thence northeasterly along said curve through a central angle of 45°50'S7" an arc distance of 91.68
feet;
� thence N 13°48'14"E 114.90 feet to a curve concave to the west having a radius of 294.26 feet;
� thence northerly along said curve through a central angle of 36°45'26" an arc distance of 188.78 feet;
� thence leaving said curve on a non-tangent bearing N 23°47'30"W 102.20 feet;
Mthence N 28°32'10"W 64.18 feet;
thence N 20°51'33"W 61.80 feet to the nonheast corner of said Lot 1;
� thence leaving said east line of said Lot 1 N 87°26'45"W along the north line of said Lot 1 54.49 feet; !
� thence leaving said north line S 20°51'33"E 86.81 feet;
� thence S 28°32'10"E 65.46 feet;
� thence S 23°47'30"E 99.40 feet to a point on a curve concave to the west,said curve being non-tangent to
the preceding course and having a radius of 244.26 feet,the center of which bears S 67°02'48"W;
thence southerly along said curve through a central angle of 36°45'26" an arc distance of 156.70 feet;
thence S 13°48'14"W 114.90 feet to a curve concave to the northwest having a radius of 64.57 feet;
thence southwesterly along said curve through a central angle of 45°50'57"an arc distance of 51.67 feet;
thence S 59°39'11"W 99.99 feet;
thence S 51°45'16"W 75.45 feet;
� thence S 50°08'30" W 120.75 feet to a point on a curve concave to the east, said curve being non-tangent
to the preceding course and having a radius of 125.78 feet,the center of which bears S 51°17'16"E;
thence southerly along said curve through a central angle of 62°27'05" an arc distance of 137.10 feet;
thence S 23°44'21"E 90.41 feet;
thence S 35°11'09"E 162.11 feet;
thence S 54°03'S7"E 294.16 feet;
thence S 52°24'00"E 187.12 feet;
thence S 55°28'15"E 5.72 feet to the south line of said Lot 1;
thence S 87°18'S7"E along said south line 91.82 feet to the true point of beginning.
Contains 88,153 square feet of land,more or less.
H:DOCS:97-410:SW:ps Agreement and Easement n.rlTT,ll,
Page 8 of 10 �
PROPERTY SERVICES
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EX�-IIBIT A CONTINUED
MAP EXHIBIT
10
9>,
26 � 9
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F
8
27 7
� See Line and Curve Tables on Following Sheet
6 Legal Descriptions and Exhibits Prepared By:
28 Scott Woodbury, P.E. 12/18/96
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� 5
� 29
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30
p 1"=100' �oo
( IN FEET ) 3
31
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32 3� �
H:DOCS:97-410:SW:ps Agreement and Easement Southeast Corner of Lot 1
Page 9 of 10
• f . . + 1
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EXHIBIT A CONTINUED
MAP EXHIBIT
Northeast Corner of Lot 1 �
17
18 16
Line Table
15
ID# Bearing Dist.(ft)
1 N 37°00'42"W 4.90 �9
2 N 55°28'15"W 77.73
3 N 52°24'00"W 186.51 14
4 N 54°03'S7"W 286.58
5 N 35°I I'09"W 148.78 20
6 N 23°44'21"W 8539
8 N 50°08'30"E 114.42
9 N 51°45'16"E 72.30 Curve Table '
� 10 N 59°39'11"E 96.54
� 12 N 13°48'14"E 114.90 ID# Radius ft Central An le Arc Len th
f",� � ) g g
Q 14 N 23°47'30"W 102.20 7 75.78 59°07'34" 78.20 �3
� 15 N 28°32'10"W 64.18 11 114.5'7 45°50'S7" 91.68 21
� 16 N 20°51'33"W 61.80 13 294.26 36°45'26" 188.78
� 17 N 87°26'45"W 54.49 21 244.26 36°45'26" 156J0
� 18 S 20°51'33"E 86.81 23 64.57 45°50'S7" 51.67
� 19 S 28°32'10"E 65.46 27 125.78 62-°27'OS" 137.10
20 S 23°47'30"E 99.40
22 S 13°48'14"W 114.90
24 S 59°39'l l"W 99.99 22
25 S 51°45'16"W 76.45 12
26 S 50°08'30"W 120.75
I� 28 S 23°44'21"E 90.41
29 S 35°11'09"E 162.11 23
30 S 54°03'S7"E 294.16
31 S 52°24'00"E 187.12 24 ��
32 S 55°28'15"E 5.72
33 S 87°18'S7"E 91.82
25
10
0 1"=100' ,o0 9
�
26 � 9
( IN FEET ) ��
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H:DOCS:97-410:SW:ps Agreement and Easement
Page 10 of 10
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„ ,; ,� CIT� flF RENTON
� .
� Off'ice of the City Attorney
J e Tanner,Mayor . � Lawrence J.Warren
MEMORANDUM I
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To: Ron Straka
I�A� 2� �9�7
From: Lawrence J. Warren, City Attorney
Staff Contact: Scott Woodbury Cin oF REN3Q�
Engeneering Dept,
Date: May 27, 199?
Subject• Proposed Changes to Agreement and Easement with Hunter pouglas
I have reviewed the above-referenced document and the same is approved as to legal form.
- ” `—�- L
� Lawrence J. Warren
LJW:as. �. �
cc: Jay Covington
A8:131.78. �,
Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678
I �This paper contains 50%recycled material,20%post consumer
�
1
� ;; ,; , CITZ �F RENTON
• � Off'ice of the City Attorney
J e Tanner,Mayor LawrenCe J.Warren
MEMORANDUM ;�� ;-�,
a� �j� '", - ,`
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, 4
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To: Scott Woodbury �i��� " � � ��
7 °�.
From: Lawrence J. Warren, City Attorney �';'y �F f��1vTC��,
Date: May 6, 1997 E��ld'e�ring p�p�
Subject: Draft Agreement and Easement for Drainage Channel and Pedestrian Trail -
Hunter pouglas
I have reviewed the above-referenced document and the same is approved as to legal form.
� • awrence J. arren
LJW:as. + ,
cc: Jay Covington
A8:131.50. � -
. ,
Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678
�This paper contains 50%recycled material,20%post consumer