HomeMy WebLinkAboutE 9407280994 WHEN RECORDED RENRN TO: .
Office oi the city clerk , • �
Renton Ntuni�ipal Buildin�MENDMENT TO AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL �
200 Mill A✓enue South
Renton,WA 98055 (AMENDS KING COUNTY RECORDING#8804110203)
THIS AGREEMENT made this�day of_��� 1994 between Puget Western, INC., a Washington
Corporation("Puget Western" herein),and C of Renton, ("Grantee" herein);
WHEREAS Puget Western and Grantee desire to amend an Agreement and Easement for Drainage Channel
conveyed by Puget Western to the grantee under King County Recording No. #8804 1 1 0203;
WHEREAS Puget Western desires Grantee to assume maintenance responsibility for the drainage channel across
Puget Western's land mare specifically described herein below;
NOW THEREFORE, in consideration of One Dollar ($1.00) and in partial satisfaction of Puget Western's �
requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program and other
good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of
the performance by Grantee of the covenants,terms and conditions hereinafter set forth, it is mutually agreed that '
the Agreement and Easement for Drainage Channel conveyed by Puget Western to the City of Renton under King
,� County Recording No. #8804110203 is hereby amended as follows:
�
OAs pertaining only to the land described in E�ibit "A" and EaLhibit "B" attached hereto and by this reference
� made a part hereof, amend Section A of King County Recording No. #8804 1 1 0203 to read as follows:
� A. A non-exclusive perpetual easement over, across, along, in, upon and under that portion of Puget
Q Western's land described in E�ibit "A" for the purposes of installing, constructing, operating, maintaining,
�" removing, repairing, replacing and using a drainage channel and permitting construction, use, and
� maintenance of a pedestrian trail thereon;
together with a non-exclusive temporary construction easement, over, across, along, in, upon and under
that portion of Puget Western's land described in E�ibit "B" for the purposes related to installation and
construction of a drainage channel on that portion of Puget Western's land described in Exhibit "A" such as:
construction material stockpiling, equipment storage, loading and unloading, construction staging, and access
to that portion of Puget Western's land described in Exhibit "A".
The terms "Easement" and "Easement Area" in this instrument refer to the easements herein granted on
Puget Western's property described in E�ibit"A" and E�ibit"B".
The temporary construction easement described in E�ibit "B" shall expire on the earlier of completion of
construction by Grantee in the Easement Area described in E�ibit "A" or October 31, 1994. The expiration
date may be extended to October 31, 1995 if factors beyond the control of the Grantee prevent completion of
construction on or before October 31, 1994. This extension shall become effective provided notice is given
by Grantee prior to or on October 31, 1994.
If the Grantee has not completed construction of a pedestrian trail in three years from the date of this
agreement or if the constructed pedestrian trail is not used for pedestrian purposes for a period of three
consecutive years, then all rights and privilages granted by this agreement for the construction, use, and
maintenance of a pedestrian trail shall revert to Puget Western upon providing 30-day prior written notice to
Grantee. If Grantee's failure to construct the pedestrian trail causes the reversion of the rights and privilages
granted by this agreement for the pedestrian trail,then Puget Western shall no longer be in partial satisfaction
of its requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program, but
shall be subject to the full requirements thereof.
As pertaining only to the Easement Area granted herein and described in E�chibit "A", the following provisions
are hereby appended to Section 3 of King County Recarding No. #8804110203:
��j For any single development proposal on Puget Western's property described in Exhibit "B", and adjacent
� properties that are included within the area of the development, the Easement Area may be used in
calculating lot coverage and as partial or full satisfaction of the following as applicable:
��l'y--oO.SI
' a. complying with any north-south sidewalk and pedestrian access requirements, buffering, open space,
setback, and landscaping development standards of the City of Renton Zoning Code as from time to
time amended;
b. providing compensatory storage for any filling in the floodplain.
This amendment pertains only to land encumbered under King County Recording No. #8 804 1 1 0203 specifically
described in this amendment. All encumbrances, conveyances, and other provisions of King County Recording
No. #8804110203 not amended by this Agreement remain in full force and effect and apply to this amendment as
if set forth fully herein.
EXECUTED as of the date hereinabove set forth.
PUGET WESTERN:
By: ,����
Its: �ECUTIVE VICE PRESIDENT
,�+ REPRESENTATNE FORM OF ACKNOWLEDGMENT
�
p STATE OF WASHINGTON )
) SS
� COUNTY OF KING )
QI certify that I know or have satisfactory evidence that /1�. �. �a% `� ...a�-
G" signed this instrument, on oath stated th t he/� was/t�e�e
� authorized to execute the instrument and acknowledged it as the �X,�L,..��n�>-r'y. ��c�"x >'-.��a-�. and
��€- j-�.�C,�--T' /.����-,�r?.J. •n+rt to be the free and voluntary act of such
party/parties for the uses and purposes mC�d in the instrum t. �`
Dated: �'-- ��'°=-�� i ,,.�j . ,-�, �"-�-�'�--. ����:r�t„�=`
.,-,;:
� ,N;;�. ,�:�'.::.
Notary Public in and for the State of Washington �Tsi;� .;2 ,r,r.�;� :�:,:.<�^.�r�q;.�{,
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Notary(Print) �r,�; .��1 _ �-,' ���s:;��..'��� ��, ��• *:�.��:, ; .. � ;a �'s'�
My appointment expires: �'"- / Y-} - `)4/- � � `'�-� '�l %�' �
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, G. �E� "`Q , ,
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GRANTEE: , .,�-, -�-;`',`` �1�' �
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City of Re . , ` ~� ��
Approve s to form: ���":,�`��z�'; `..��"" •`:;`"`°�'w
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s : � ' r�`�/ "d p-`��
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E �l Clymer Lawrence J.Warren
Its: NIa. City Attorney
ATTES :
By:
Marilyn P tersen
Its: City Clerk
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G�C:�`uj�l����l�S,535� 30• '�`�. I'�
H:DOCS:94-477:SS W:ps/bh
' � EXHIBIT "A" �
(Reference Record of Survey No. 9302099009, King County Records)
That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter
of Section 24, Township 23 North,Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the southeast corner of the northeast quarter of said section;
Thence North 00° 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly
right-of-way line of State Route 405,as per plan approved October 31, 1961;
Thence South 86° 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection
with the east line of said southwest quarter of the northeast quarter and the true point of beginning;
Thence continuing South 86° 21' 27" West along said south line, a distance of 121.91 feet to the beginning of a
non-circular curve;
Thence Westerly along said non-circular curve parallel with and 100.00 feet perpendicularly distant from a spiral
curve along the centerline of said State Route 405 to a point which bears South 86° 14' S8" West, a distance of
77.73 feet from the beginning of said non-circular curve;
Thence South 26° 02' 22" East a distance of 3.24 feet to the beginning of a curve concave to the east having a
radius of 107.50 feet;
� Thence Southerly along said curve through a central angle of 23° 56' 16", an arc distance of 44.91 feet;
�
Q� Thence South 49° 48' 37" East, a distance of 93.21 feet;
p►'�,j Thence South 45° 48' 35" East, a distance of 84.77 feet to the beginning of a curve concave to the west having a
� radius of 92.50 feet;
0 Thence Southerly along said curve through a central angle of 44°30' 28", an arc distance of 71.85 feet;
� Thence South O1° 18' 07" East, a distance of 38.78 feet, to a point on the northerly right-of-way line of SW 16th
Street, said point being on a non-tangent curve concave to the South, having a radius of 1,939.86 feet, the center
of which bears South O 1° 54' 28" East;
Thence Easterly along said curve and said right-of-way through a central angle of 00° 08' 48", an arc distance of
4.97 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00°
54' 17" West, a distance of 168.49 feet from the northeast corner thereof;
Thence North 00° 54' 17"East along said east line, a distance of 168.49 feet;
Thence North 00° 55' OS" East along the east line of said southwest quarter of the northeast quarter, a distance of
104.28 feet to the true point of beginning.
Less the area previously conveyed to the City of Renton under King County Recording No. 8804110203, King
County Records for a drainage channel easement.
Contains 12,435 Sq. Ft. of Land,more or less.
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• � � EXHIBIT "B" �
(Reference Record of Survey No. 9302099009,King County Records)
That portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter
of Section 24, Township 23 North,Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the southeast corner of the northeast quarter of said section;
Thence North 00° 37' 18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly
right-of-way line of State Route 405, as per plan approved October 31, 1961;
Thence South 86° 21' 27" West along said southerly line, a distance of 1,340.63 feet, to a point of intersection
with the east line of said southwest quarter of the northeast quarter, and the true point of beginning;
Thence continuing along said south line, a distance of 121.91 feet to the beginning of a non-circular curve;
Thence Westerly along said non-circular curve parallel with and 100.00 feet perpendicularly distant from a spiral
curve along the centerline of said State Route 405 to a point which bears South 85° 53' 08" West, a distance of
166.46 feet from the beginning of said non-circular curve, said point being on the westerly line of a 40.00 foot
wide drainage ditch right-of-way as defined in King County Superior Court Cause No. 32912, King County
Records;
Thence along said Westerly line the following four courses:
South 44° 09' 28" East, a distance of 92.16 feet;
South 49° 39' 28" East, a distance of 98.06 feet;
South 33° 09' 28" East, a distance of 93.44 feet;
South 12° 24' 28" East, a distance of 50.21 feet, to a point on the northerly right-of-way line of SW 16th Street,
'� said point being on a non-tangent curve concave to the north having a radius of 1,879.86 feet,the center of which
� bears North 02° 22' 45" West,
Q Thence Easterly along said curve and said right-of-way through a central angle of 00° 51' 25", an arc distance of
� 28.11 feet;
OThence North 86' 45' S0" East a distance of 4.56 feet to the beginning of curve concave to the south having a
� radius of 1,939.86 feet;
J
� Thence Easterly along said curve and said right-of-way through a central angle of O1° 28' 30", an arc distance of
49.94 feet to a point on the east line of said northwest quarter of the southeast quarter, said point lying South 00°
54' 17" West, a distance of 168.49 feet from the northeast corner thereof;
Thence North 00° 54' 17" East along said east line, a distance of 168.49 feet;
Thence North 00° 55' OS" East along the east line of said southwest quarter of the northeast quarter, a distance of
104.28 feet to the true point of beginning.
Less the 40.00 foot wide drainage ditch right-of-way as defined in King County Superiar Court Cause No. 32912,
King County Records;
Less the area conveyed to the City of Renton under King County Recording No. 8804ll0203, King County
Records for a drainage channel easement.
Contains 22,632 square foot of land,more or less.
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