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HomeMy WebLinkAboutE 20020606001908 t r t ' • . FILED FOR RECORD AT REQUEST 20020606001908 AFTER RECORDING RETURN TO: KING-COUNTY GO EAS 0.00 PAGE 001 OF 006 King County Property Services Division KING6COUNTY15�A4 500 Fourth Avenue, Room SOOA Seattle, WA 98104 Reference No: P-5-2001 Grantor: KING COUNTY Grantee: CITY OF RENTON Legal Des: SE� 16-23-06 Tax ID No: 1623069029 STORM DRAINAGE EASEMENT � This agreement made this�day of , 2002,by and between King County, a political subdivision of the State of Wa hington, hereinafter termed the Grantor, and the City of Renton, hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" This easement amends the previously executed easement dated February 11, 1985 recorded under King County recording#8502150567. The amended easement is described as follows: That portion of the NW '/4 of the SE '/4 of Section 16, Township 23 N, Range 5 E, W.M., King County Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: � Commencing at the Southeast corner of said subdivision; thence North 1° 04' 11" E along the East line thereof 165.61 feet to the point of beginning of said easement and centerline; thence S 53° 33' 42.7"W a distance of 41.40 feet; thence S 70° 21' 47.9"W a distance of 117.28 feet; thence S 80° 16' 25.1" W a distance of 123.56 feet; thence S 64° 4T 18" W a distance of 110.37 feet; thence S 72° 39' 8.5" W a distance of 85.14 feet; to � t • ' UTILITY EASEMENT Page 2 of 6 the South line of said subdivision and the terminus of said centerline. The sidelines of this easement shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest `/4 of the Southeast '/4 of Section 16, Township 23 N, Range 5 E, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/o of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement"A" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair its storm draivage pipe line with necessary appurtenances over, under and upon the above described strip of land. EASEMENT "B" That portion of the Northwest '/4 of the Southeast '/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/4 of the Southeast '/4 of Section 16, Township 23 North, Range 5 East, W_M., King County Washington. Purpose: Easement"B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair and open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix"A" attached hereto and by this reference made part of this agreement. �-- DATE this�day of , 2002. APPROVED A TO K1NG COUNTY, WASHINGTON ��, BY � � BZ'� ���. � Harold McN�lly, Acting Se ti n Chief DATE� 3n G � � DATE � ��U�� � , � . • UTILITY EASEMENT Page 3 of 6 STATE OF WASHINGTON) )SS COLTNTY OF KiNG ) I certify that Harold McNelly signed this instrument,on oath stated that he was authorized by the Kinb�ounty Executive to execute the instrument,and aclrnowledged it as the Acting Chief of Asset Development and Management Section of the Department of Executive Services of King County,Washington to be the r ee ac�c� voluntary act of said County for the uses and purposes menrioned in the instnunent. �7 �� � ,200� Dated the_�_____day of��il — ; r/ ��'i� �(l/C f� ��� � � �/ - NOTARY PUBLIC� an fpr the State of Was ' gton, residing at: �-P �c.���'�-� My appointment expires: APPENDIX"A" Terms and conditions applicable to easements"A" and "B" granted by King County. l. PERMIT REQITIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Asset Development and Management Section. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in the course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupancy, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of the defense thereof, arising in favor of the Grantee's employees or third parties on account of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees or representatives. 5. HIRIND AND EMPLOYMENT: In all hiring or employment made possible or resulting from this agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensor, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. UTILITY EASEMENT Page 5 of 6 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee hereunder shall be assignable in whole or in part v�ithout the prior written consent of the Grantor. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors and assigns of the Grantee and all privileges of the Grantee shall be given to such successors and assigns if they were specifically mentioned. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates and provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition, which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition, which is satisfactory to Grantor. If Grantee has not accomplished � removal and restoration ant the end of a ninety-day period following the effective date of revocation, termination or abandonment, Grantor may accomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATIOl�T AFTER INSTALLATION: Following any construction, Grantee shall return the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take immediate steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. UTILITY EASEMENT Page 6 of 6 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume all cost and expense and responsibility in connection therewith, �vithout any liability whatsoever on the part of the Grantor. Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four(4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit#FS-122-83.