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HomeMy WebLinkAboutL_Recorded_Easement_Colpitts_KCLS_COR.pdfInstrument Number: 20200626000137 Document:EAS Rec: $135.50 Page -I of 33 Record Dam :6/26/2020 8:23 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY FANNY T la - 'City Clerk City of Renton 1055 S. Grady Way Ilklenton, Washington 98057 EASEMENT AGREEMENT REFERENCE NUMBER OF DOCUMENT ASSIGNED OR RELEASED: 20140522001797;20170907000025 GRANTOR: Colpitts Sunset, LLC, a Washington limited liability company GRANTEES: I . City of Renton, a Washington municipal corporation 2. King County Rural Library District d/b/a King County Library System Legal Description: A J1, 6j, Q JQ I , -'j P7,1D TJLYFLTL11.1�1 Leif P , , I I We W11101211 1w 41"t'a"'FAMM eltIff, WIWI H /issessor's Property Tax Parcel ID No(s): Grantor: 722780-10 Grantee: 722780- 101 WHEMMINE= Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-2 of 33 Record Date:6/26/2020 8:23 AM King County, WA 1XV1301sm THIS EASEMENT AGREEMENT (the "Easement Agrqement") is executed this J day of 2020 by COLPITTS SUNSET, LLC, a Washington limited liability co - r of the CITY OF RENTON a ratiou, with reference -,a"M" LIV &IFS-7 S I Em, its successors a a/b/a r ssigns to the following facts: A. Developer and the City entered into that certain Real Estate Purchase and Sale A,�reement dated October 28.,2013 Jfhe "Purchas reement"jI, wher bp Deve*ier-?-qgr��-i4UK40 and the City agreed to buy, certain real property located in the City of Renton, King County, Washington, and more particularly described in Exhibit I attached hereto and by this reference incorporated herein (the "e 1d the Library Property and redeveloped the Library Property into a public library with one (1) level of underground parking (the "L:tbrary Parking" and together with the library building, the "Library Building"). The Library Building is operated by KCLS. Developer is the owner of the real property immediately to the southwest of the Library Property and more particularly described on Exhibit 2 attached hereto and by this reference incorporated (the "Developer Pro 2e rty"). Developer intends to redevelop W, MW11111 I i -low th Improvements') located on the Developer Property. Pursuant to the Purchase A velover a reed to 17rant the CiL-,, and KCLS, as the owner 9M -Qreement-, Develop API the Library Pro perty, and their successors and assigns, a perpetual non-exclusive access easement to use the Access Improvements on the Developer Property to provide for vehicular access to and from the Library Parking and Sunset Lane N.E. Ulm 1 a recorded. This Easement Agreement so supersedes the area subject to the access easement to accommodate the Access Improvements. The 2014 Easement Agreement is hereby released, rescinded and replaced in its entirety with this Easement Agreement. -2- Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-3 of 33 Record Date:6/26/2020 8:23 AM King County, WA C. The parties recorded an Agreement for Temporary Access Easement on September 7, 2017, under King County Recording No. 20170907000025 (the "2017 TemporaU Easement Agreement"). The 2017 Temporary Easement Agreement is hereby released, rescinded and replaced in its entirety with this Easement Agreement. D. In addition to the access easement to use the Access Improvements, the parties ha I 1 010"i W1- MIMI 4111 IM, AW i M, I i a 111111i"1111114161"I OWN" 11141W4111MA1111:1W 2. Grant of Easements. a. Access Easement. Developer hereby makes, declares, sells, transfers, drants, convelis and warrants to the Citl,, and City, KCLS, and their respective agents, employees, contractors, subcontractors, lessees, guests and invitees (collectively, the "City and KCLS Parties") an approximately forty-two (42) foot wide perpetual non-exclusive easement and right of way in, on, over, across and through that portion of the Developer Property legally described in Exhibit 3 attached hereto and by this reference incornorated herein, and der)icted on the mat) attached hereto as Exhibit 4 (the "Easement AreW' MIMI W, IN" im IN Property (the "Access Easement"). Portions of the Access Easement shall be located under the building and other improvements completed on the Developer Property. The parties acknowledge that the Easement Area is approximate and the construction of Developer's Project may encroach into the Access Easement without affecting the purposes of the Access Easement. Upon completion of the Developer's Project, the parties shall record an amendment to this Easement Agreement revising Exhibit 3 and Exhibit 4 to show the as -built location of the Access Easement. b. Construction and Maintenance Easement _I _Develo �er's Prpiect. The City and KCLS hereby make, declare, sell, transfer, grant, convey and warrant to Developer for the benefit of the Developer Property and the Developer and its agents, employees, contractors, e ........... - 3 - Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-4 of 33 Record Date:6/26/2020 8:23 AM King County, WA incorporated herein, and depicted on the map attached hereto as Exhibit 6. Developer shall give KCLS ten (10) days prior written notice before exercising its rights under this Section 2.b. The parties acknowledge that the easement described is approximate and the construction of Developer's Project may encroach into the easement without affecting the purposes of this ease7nrc,tt. C. Construction and Maintenance Easement LibrgpLELogerty. Developer hereb makes declares sells, transfers similar devices in the airspace over the Developer Property from structures located on the Library Property. The easement is legally described in Exhibit 7 attached hereto and by this reference incorporated herein, and depicted on the map attached hereto as Exhibit 8. The City or KCLS (as applicable) shall give the Developer ten (10) days prior written notice before exercising its rights under this Section 2.c. The parties acknowledge that the easement described is approximate and the construction of Developer's Project may encroach into the easement without affecting the purposes of this easement. d. Easement fbLA . The City and KCLS hereby make, declare, sell, transfer, grant, convey and warrant to Developer for the benefit of the Developer Property and the Developer Parties a perpetual easement, on, over, across and through the Library Property as legally described in Exhibit 9 and depicted on the map attached hereto as Exhibit 10 (the "Bay Structure Easements"). The Bay Structure Easements are for the purposes of installing, maintaining and Parties for the benefit of the Developer's Project. a. Operation. The Access Improvements shall be used by Developer, the City, KCLS. and each of their respectivaigennts, I and invitees for vehicular and emergency pedestrian ingress and egress to and from Sunset Lane N.E. and the parking areas located on the Property and the Developer Property. No permanent obstructions shall be %laced within parking area that would interfere with the free and uninterrupted flow of vehicular traffic to and from Sunset Lane N.E. and the parking areas located on the Library Property and the Developer Property. Developer and the City shall mutually agree on the signage to be installed on the Library Property and the Developer Property adequate to inform members of the public of the location and means of access to and from the parking areas located on their respective properties and Sunset Lane N.E. The final design and choice of materials for such signs shall be subject to the City's approval, which approval shall not be unreasonably withheld, conditioned or delayed. The lighting, graphics, signage, structural support characteristics and location of the Access Im rovements shall not materia I chan e from tlfe ahA bW1L-,cIaTfi c ns for LSMIMANOVIN-Vi -4. Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-5 of 33 Record Date:6/26/2020 8:23 AM King County, WA b. Prohibited Uses. Developer shall not prevent or restrict use of the Access Improvements by vehicles attempting to enter or exit the Library Parking, or do or authorize 4. 1 NT ti Tncs 171 covAtection TRIT normal maintenance ana in an otner- I oi Lite Accoss imyrofem cases as soon as Developer becomes aware of the need for temporary closure of the Access Improvements. All work shall be scheduled and conducted in a manner to minimize closure of the Access Improvements during hours when the Library Building is open. e. Maintenance Costs. KCLS shall reimburse the Developer for fifty percent (50%) of all costs incurred by the Developer in perfon-ning any maintenance or repairs to the Access Improvements required hereunder. KCLS shall pay for its share of any maintenance costs within thirty (30) days after receipt of an invoice showing a total amount for such costs. -5- Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-6 of 33 Record Date:6/26/2020 8:23 AM King County, WA Notwithstanding the foregoing, KCLS shall be solely responsible for the construction, maintenance, repair, and replacement of the trash/dumpster enclosure. Developer, however, shall movement of the trash/dumpster enclosure. In the event Developer relocates or moves the trash/dumpster enclosure, Developer shall be required to install the trash/dumpster enclosure in the relocated area in substantially the same condition which existed before such relocation or movement. f. Initial Construction o of Deygloper's-Pro*ect. The provisions f this Secti j__ 3.f shall apply to the initial development of the Developer Property and such easements sh terminate automatically upon issuance of the first final certificate of occupancy for the Develop Property. (i) Temporary Closure. Developer may, from time -to -time upon ten (10) days prior written notice to the City and KCLS, temporarily close the portion of the driveway accessing the second floor of the Library Parking (a "Tern oraU Closure"), S _ _ during which time support beams shall be installed over the Access Easement. Developer timely manner, provided that such Temporary Closure only lasts two (2) to three (3) weeks, During the Temporary Closure, Developer shall provide KCLS parking at a 1:1 parking stall replacement ratio at a suitable location as reasonably determined by Developer and KCLS. In addition, Developer may close portions of the driveway (while still permitting general passenger and light truck access) during non -business hours of the Library Building, provided that Developer will endeavor to provide at least one (1) day's prior written notice of such closure. (ii) Crane Easement. The City hereby grants and conveys to Developer, an d to i ts s u c c e s so rs an d as s i n s . a temt oram, n on - exc I u s i v ijaww,&- construction of buildings and other improvements on the Developer Property for the movement of crane booms in the air over the surface of the Library Property; provided, r%t k rM 1 6 however that the crane boom shall n harmless the City, KCLS, and the City and KCLS Parties from and against all claims, losses, liabilities and expenses (including attorneys' fees and court costs) incurred by or zsserted against them or their successors and assigns as a result of the Crane Easement. -6- Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-7 of 33 Record Date:6/26/2020 8:23 AM King County, WA 4. Indemnification. Each party agrees to defend, indemnify and hold harmless t other parti es and their successors and assigns from and against all claims, losses, liabilities a sl fees and courg s and court isi iiwi ------ 6. Reservation of Rights. Developer, the City and KCLS each reserve for themselves and their relijriijiq iiiji"gillaal��A-s Ote rigVt ti, Tupuf ,*,roperty for any purpose. Developer, the City and KCLS each reserve the right to grant other �,,ersons easements and other rights in their respective property. 7. Insurance. Prior to exercising its rights under this Easement Agreement, each pa shall obtain a commercial general liability insurance policy in an amount of at least Five Milli Dollars ($5,000,000) in the general aggregate, and Two Million Dollars ($2,000,000) p occurrence naming the other parties as additional insureds. The City shall be named as additional insured. Prior to the exercise of its rights under this Easement Agreement, a certifica of insurance evidencing that the required insurance is in effect shall be provided to the oth parties. All insurance policies required hereunder shall be maintained with an insurer with current AM Best's Rating of at least "A-VII" or an equivalent industry rating. Any self-insur a. Captions. The captions and paragraph headings contained in this Easement Agreement are for convenience of reference only and in no way limit, describe, extend or defin* the scope or intent of this Easement Agreement, nor the intent of any of the provisions hereof. b. AmendmentsL Waivers. No modification or amendment of this Easeme Agreement may be made except by written agreement or as otherwise may be provided in th Easement Agreement. No failure by the City, KCLS or the Developer to insist upon the stri performance of any covenant, duty, agreement or condition of this Easement Agreement or exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of a - 7 - Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-8 of 33 Record Date:6/26/2020 8:23 AM King County, WA hereunder, or any duty, obligation or covenant of any other party hereto. No waiver shall affect alter this Easement Agreement and each and every covenant, agreement, term and condition this Easement Agreement shall continue in full force and effect with respect to any other theW existing or subsequent breach thereof. M C. No PartnershJp_,Qr Joint Venture. It is not intended by this Easement Agreement to, and nothing contained in this Easement Agreement shall, create any partnership, joint venture or other arrangement between the Developer, K.LS and the City except that of parties to an easement. No term or provision of this Easement Agreement is intended to be, or shall be, for the benefit of any Aerson-, such other person, firm, organization or corporation shall have any right or cause of action !temu-tder. d. Time is of the Essence. Time is hereby expressly declared to be of the essence of this Easement Agreement and of each and every term, covenant, agreement condition and provision hereof. e. Easements Appq[Le�i��. This Easement Agreement constitutes a covenant runninLN with the land affectin . . ev�i WY-1 L I & -IOW F t3 I � " � 0 � �,�'J �, shall be binding upon and inure to the benefit of the respective owners, and their successors and assigns f. Neutral AuthLo[Lhig. The language in all parts of this Easement Agreement shall be construed as a whole according to its fair meaning. No presumption or other rules of construction which would interpret the provisions of this Easement Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Easement Agreement. 9- Non Waiver of GovernmenIgi Rights. Nothing contained in this Easement Agreement shall require the City to take any discretionary action relating to development of the improvements to be constructed on the Developer Property as part of the Developer Project, includin ut".Uimited-tp, "--and-land-us "i-Willni, iWillbiil oi gi iihii j,,jimjji,,tq Or T-clur 1-CqXR-CMUM37,14 Idl; UPP11Ud*1 t tn-. Access Improvements. h. Attorneys' Fees. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure ofeither party to comply with the terms, covenants a m /or-conditijons-ofthis-Eas Teeffitg-i���� IMP --"M "M ilill't"tl�%*RVtVWFJT�t,113J,-Ni-,,IUAF190,111 11111, V� V4111 � +�M-O IN MEN U a "a, OWN L Governing Law. This Easement Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington. In the event of - 8 - Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-9 of 33 Record Date:6/26/2020 8:23 AM King County, WA i PI ri pa in is Agreement,Easement + County Court and x [Signature pages follow] - 9 - Easement Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-10 of 33 Record Date:6/26/2020 8:23 AM King County, WA IN WITNESS WHEREOF, Developer and City and KCLS have executed this Easement Agreement as of the date and year first set forth above. C74701f =1:7,a-1T as a in gto n fli-m-iTeT-fi-a ff [IT company By: iCap Pacific NW Management, a Washington limited liability company, its Mana er STATE OF WASHINGTON ) )ss. COUNTY OF KING 2020, before me, the undersigned, a No Public in and for that he was authorized to execute said instrumeiRt. WITNESS my hand and official seal hereto affixed the day year in tixe certi icate above written. tt lot #06 cRoi I S' attire ==Jb IF 0' 01A Print Name NOTARY PUBLIC in and for the State of 0 kAZ Washington, residing atz!5�Lk-e-Ll—. 1�,, 2-3 A 04" it My commission expires 16, 0'P .XN WPJS�' , . io- Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-11 of 33 Record Date:6/26/2020 8:23 AM King County, WA i Approved as to Farm: Shane Moloney City Attorney STATE OF WASHINGTON } } ss. COUNTY OF KING } corporation,„ mentioned, , oath stated that he was authorizedd pet-sonI certify that I know or have satisfactory evidence that the acknowledgment NOTARY PUBLIC in and for Washington, Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-12 of 33 Record Date:6/26/2020 8:23 AM King County, WA y Name: .�w Title: STATE OF WASHINGTON ) ) ss. COUNTY OF K iNG ) On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared I known to me to be the of KING COUNTY RURAL DISTRICT acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in the instrument. riiiiiiiijiili Jill A r . 8 2 - Easement .Agreement Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-13 of 33 Record Date:6/26/2020 8:23 AM King County, WA EXHIBIT I TO EASEMENT AGREEMENT Certain real property located in the City of Renton, King County, Washington, and more particularly described as follows: Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-14 of 33 Record Date:6/26/2020 8:23 AM King County, WA Certain real property located in the City of Renton, King County, Washington and more particularly described as follows: Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-15 of 33 Record Date:6/26/2020 8:23 AM King County, WA Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-16 of 33 Record Date:6/26/2020 8:23 AM King County, WA �p of Easement Area See Attached Instrument Number:20200626000137 DO£Ument:EAS Re£:$135.50 Page-17 Of 33 Record Dam :§/2 §/2 020 8:23 AM King County WA SCALE. HORIZONTAL4< 2,> OFEASEMENT AREA � LOT y« RECORD OF SURVEY $ RE No 20160606900009 APN 722780-195 � BAXGrIAUSEN< > \CONSULTING ENGINEERS, INC. \\ � Q 10215 72ND a«U, m «. H: d f2?«< ?\\«222�2\U\ ■ mm e Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-18 of 33 Record Date:6/26/2020 8:23 AM King County, WA See Attached Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-19 of 33 Record Date:6/26/2020 8:23 AM King County, WA (Southwesterly 25' is measured perpendicular from the common line with Lot A of sa4-', Record of Sunset TerraceL,004,doc August •> �i Y i Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-20 of 33 Record Date:6/26/2020 8:23 AM King County, WA AttachedSee Instrument Number:20200626000137 DO£Ument:EAS Re£:$135.50 Page-2I Of 33 Record Dam :§/2 §/2 020 8:23 AM King County WA ME �f\\\\°. ., �<f� .� SCALE: � \IZONTAL >6 . .\ y }.\ \, ©)�di NGINEERS, INC. 2�\ ' », AVENUE � 4 ?« »< !«< a »< (O M MW ■ e Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-22 of 33 Record Date:6/26/2020 8:23 AM King County, WA AttachedSee Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-23 of 33 Record Date:6/26/2020 8:23 AM King County, WA RJUALA00101034 lttolallt4lilil4l#Alo"4�4,]Til' "a' Doi TOR, a" wa noaj�g'EM4 Sunset 0►,; *, Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-24 of 33 Record Date:6/26/2020 8:23 AM King County, WA NOW r 'r', AttachedSee Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-25 of 33 Record Date:6/26/2020 8:23 AM King County, WA N HORIZONTAL 1"=60' Z EASEMENT -LIBRARY APN 722780-1065 LOT B RECORD OF SURVEY REC. NO. 20160606900009 hr LOT A OP eol- RECORD OF SURVEY REC. NO. 20160606900009 e-, APN 722780-1075 BARGHAUSEN CONSUL-ANG ENGINEERS, INC. 18215 72ND AVENUE SOUTH KENT, WA 98032 425.251.6222 BARGHAUSEWCOM mil TEMPORARY CONSTRUCTION 00 1 �1- - 1�� 11114111141w, 14,11111 a; Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-26 of 33 Record Date:6/26/2020 8:23 AM King County, WA EXHIBIT 9 TO EASEMENT AGREEMENT z See Attached Instrument Number:20200626000137 DO£Ument:EAS Re£:$135.50 Page-27 Of 33 Record Dam :§/2 §/2 020 8:23 AM King County WA 2«44 2wx<»«t«e>2*7w2««»<w»>#*»a <»#«.*«4?#»«»■* Also, the southwesterly 2<#y6 of southeasterly 1250«? of the northwesterly 72.1 2+ of said Lot # *a: ».,6y<« x» «..<,...:©*w.. 2<■■<?< .»»�«vaa, � :.» e:. «z»m>«:#y» t a:»» <2d Lot B. (Southwesterly :2#?measured perpendicular from the common line with Lot «2said Record Survey) Project: SunsetTerrace bay structure easemen Sunset TerraceL.003.doc August « ,<019 Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-28 of 33 Record Date:6/26/2020 8:23 AM King County, WA t See Attached Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-29 of 33 Record Date:6/26/2020 8:23 AM King County, WA EXHIBIT 10 TO EASEMENT AGREEM� POF BAY R U 9' LOT c SURVEYRECORD OF 20160606900009 3 For: HORIZONTAL0 SUNSETTERRACE BARGHAUSEN, DEVELPMENT CONSULTING G 72ND AVENUEBAY STRUCTURE KENT, WA 98032 EASEMENTS 425,251,6222 B' Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-30 of 33 Record Date:6/26/2020 8:23 AM King County, WA EXHIBIT I I TO EASEMENT AGREEMENT lorplAMMMMAIM Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-31 of 33 Record Date:6/26/2020 8:23 AM King County, WA i. RI J y {, l 1 r'..� ProjectRlarne: Sunset Terrace June 1, 2020 B 21113L.003.docy Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-32 of 33 Record Date:6/26/2020 8:23 AM King County, WA t Instrument Number: 20200626000137 Document:EAS Rec: $135.50 Page-33 of 33 Record Date:6/26/2020 8:23 AM King County, WA AGREEMENTS54-16'37-E 31.00' zb 6=21 "06'26" R-206.92' L=76.23' ,� vA A=S 1' 17'02" R=25.00' L=35.47' �0 A=23'22' 16" "�'• R=23T92' L=97.05' t � -p �+ � 0 N39' 13'36"W 22.63' �r. r ,r CONSULTING r d w \_S35'43'23"W 44.52' P.O.B. 5 (MOST EASTERLY �pt4, 127.18'3'0 CORNER, LOT A) 4� pt� t,-, ,A 7,051p ED �� W� R=361.51'—-„ L=141.67' S65" 15'43"E 27Z5' l 0 M N32'33'56'W 33.00' (RADIAL) &=83`20'22" R=33.00' L=48.00' r� 45'36" ).00' L85` TEMPORARY CONSTRUCTION EASEMENT i � 9 CD C4 V) 0 0 0