HomeMy WebLinkAboutE 20051021000896 , � ` � , •
AFTER RECORDING RETURN TO
Return Address:
City Clerk�s Office z00510210
City of Renton 00896
1055 South Grady W�y CITY OF RENTON EAS 44.00
Renton WA 98055 PAGE003 OF 013
10/21/2005 10:27
KING COUNTY, WA
PEDESTRIAN WALKWAY EASEMENT AGREEMENT
GRANTOR: SOUTHPORT, LLC, a Washington limited liability company
GRANTEE: CITY OF RENTON, a Washington municipal corporation
LEGAL DESCRIPTION Lot 4 of City of Renton Short Plat No. LUA-99-134-SHPL,
(Grantor Property): recorded under AFN 20000131900006
Additional Legals on pp. 10-13
ASSESSORS' TAX
PARCEL ID NO. (Grantor
Property): 082305-9216
REFERENCE NO.: .�r� a,.C7�7�'- Qr��'
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THIS PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"), effective
this S'� day of ���"�x�, 2005, is made by and between SOUTHPORT, LLC, a
Washington limited liability company ("Grantor"), and CITY OF RENTON, a Washington
municipal corporation ("Grantee").
RECITALS
A. Grantor is the owner of real property located in King County, Washington legally
described on Exhibit A attached hereto (the "Grantor Property").
B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated by
Grantee, is located northeasterly of the Grantor Property (the "Park"). The Park contains a
public walkway, a portion of which is along the southern shoreline of Lake Washington (the
"Walkway").
C. Grantee desires to extend the Walkway from the Park across a portion of the
Grantor Property.
D. Grantor has agreed to grant an easement across that portion of the Grantor
Property depicted on Exhibit B attached hereto and legally described in Exhibit C attached hereto
(the "Easement Area") for the purpose of operating and maintaining a public walkway for
pedestrian use subject to the terms and conditions set forth herein.
AGREEMENT
In furtherance of the Recitals set forth above, which are incorporated herein by reference,
and in consideration of the mutual promises and covenants set forth below, and for other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantor hereby conveys and quitclaims to Grantee a
perpetual, non-exclusive easement over, across, and upon the Easement Area for the purpose of
operating and maintaining a public walkway for pedestrian use.
This Easement shall include the right to access by the Grantee (including its employees,
agents and contractors) over the surface of the Easement Area as necessary for the Grantee to
satisfy its maintenance and repair obligations as set forth in Section 6, including inspection at
reasonable intervals.
2. Reservation of Ri�hts. Grantor reserves the right to use the Easement Area in
order to construct, maintain, operate, or repair any of Grantor's improvements and/or uses on the
Grantor Property. This reservation shall include, but not be limited to, the right to: (a) to
maintain, inspect, repair, replace, and operate any below-ground utilities located now or in the
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future within the Easement Area; (b) to temporarily block or interrupt access to the Easement
Area for vehicle loading/unloading, deliveries, maintenance vehicles, and/or emergency vehicles;
and (c) to block access to the Easement Area for up to 24 consecutive hours, or longer with the
prior written approval of Grantee, for special events on the Grantor Property, including, but not
limited to, concerts, weddings, and conventions. The reservation set forth in subsection 2(c)
above shall apply only until the City or a third party designated by the City completes
construction of the Sam Chastain Waterfront Trail extension trail between point A and point B as
shown on Exhibit D hereto, and only so long as such trail remains open to the public and is
maintained in a good and functional condition. Grantor further reserves the right to use the
Easement Area for any other purposes not inconsistent with the easement rights granted in
Section l, provided that such other uses do not unreasonably interfere with Grantee's use of the
Easement Area.
3. Limitations on Easement. The easement rights granted in Section 1 above are
further limited as follows:
A. The easement rights granted herein may be exercised only during those
hours when Gene Coulon Park is open to the public, as may be modified from time to time.
B. The easement rights granted herein are limited to pedestrian connectivity
only. Such rights do not include any rights of assembly, speech, demonstration, or petition, and
does not authorize exhibiting any placard, signs or notices, distributing any circular, handbill,
placard, or booklet, soliciting membership or contributions, parading,picketing or loitering.
C. The easement rights granted herein do not include the right to ingest, sell
or distribute alcohol within the Easement Area.
D. Except as provided in Paragraph 6 below, Grantee shall not have the right
to make any temporary or permanent improvements, including installing landscaping, benches,
signage, or other above-grade structures, within the Easement Area without the prior written
consent of the Grantor.
4. Improvement of Easement Area. Grantor shall be responsible at its sole cost and
expense for designing and constructing an at-grade pedestrian walkway over the Easement Area.
Grantor plans to construct the pedestrian walkway in two phases. As of the date of this
Easement, Grantor has already constructed a temporary paved pedestrian walkway within the
Easement Area ("Temporary Walkway"). Grantor agrees to replace this Temporary Walkway
with a permanent walkway ("Permanent Walkway") in conjunction with developing the Grantor
Property consistent with future site plan approvals for the Grantor Property.
3
5. Restrictions on Easement Area Improvements. The parties agree that any
improvements to the Easement Area, including both the Temporary Walkway and the Permanent
Walkway, shall be designed to be consistent with Grantor's use of the remainder of the Grantor
Property and any other properties owned by the Grantor abutting the Grantor Property.
6. Maintenance of Easement Area. Grantor shall maintain at its sole cost and
expense the Temporary Walkway in a good and functional manner. Grantor's obligation to
maintain the Temporary Walkway shall terminate upon the replacement of the Temporary
Walkway with the Permanent Walkway in the Easement Area.
Following Grantor's construction of the Permanent Walkway on the Easement Area,
Grantee shall assume responsibility, at its sole cost and expense, for maintaining and repairing
the Permanent Walkway. This responsibility shall also include the obligation to replace the
Permanent Walkway, as needed; provided that, Grantee shall submit its schematic plans and
construction details for any proposed replacement of all or any portion of the Permanent
Walkway to Grantor at least sixty (60) days before commencing construction, and Grantee must
obtain Grantor's prior written consent to any such plans and details before commencing
construction.
Grantee's maintenance, repair and replacement obligations shall be performed consistent
with the following conditions and restrictions:
A. The Grantee shall maintain the Permanent Walkway to a level consistent
with the quality of other improvements on the Grantor Property, but in no event shall that level
fall below the standards for other pedestrian walkways maintained by Grantee along the Lake
Washington shoreline andJor other parks owned or managed by Grantee.
B. Grantee shall perform all maintenance, repair and/or replacement work in
a careful, workmanlike manner, free of claims or liens.
C. Grantee shall perform all maintenance, repair and/or replacement work in
a manner so as not to unreasonably interfere with the use and enjoyment of the remainder of the
Grantor Property.
D. Grantee shall perform all maintenance, repair and/or replacement work in
a manner so as not to unreasonably block pedestrian or vehicular access to, from and/or across
the Easement Area by the Grantor, its successors, assigns, lessees, sublessees, tenants,
subtenants, invitees, employees, contractors or agents.
E. Grantee shall perform all maintenance, repair and/or replacement work in
a manner so as not to block any views from the Grantor Property of Lake Washington without
first obtaining the prior written consent of the Grantor.
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F. Grantee shall perform all maintenance, repair and/or replacement work in
a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or
replacement work in the Easement Area, Grantee shall continue such work through completion
without any unreasonable delay.
The foregoing shall not prevent Grantor from also maintaining portions of the Easement
Area if Grantor elects to do so (but without any obligation of Grantor to do so).
7. Relocation of Easement Area. Grantor shall have the right to relocate the
Easement Area from time to time in connection with a general improvement plan for the Grantor
Property, provided that the new location of the Easement Area shall be no more than 20 feet
from the location set forth in Exhibits B and C, and shall be sufficient to serve the Grantee for
the same purposes and in the same manner as the location designated in this Easement; and
provided further that the Grantor shall not block or close access to the Easement Area depicted
and legally described in Exhibits B and C until Grantor has opened the relocated easement area
to the public for use as a public walkway for pedestrian use. Grantor shall perform any such
relocation at its sole cost and expense. Upon such relocation, and at the request of Grantor,
Grantor and Grantee shall amend this Easement to specify the new location of the Easement
Area.
8. Easements Run with the Land. The grant of the foregoing easement shall run
with the land and inure to the benefit and be binding upon the successors and assigns of Grantee
and Grantor, respectively, and shall bind the Grantor Property as the subservient tenement and
benefit the Park as the dominant tenements, for so long as the Park remains open to the public.
9. Breach. In the event of any breach or threatened breach of this Easement by the
Grantor or Grantee, the non-defaulting party shall have the right to sue for damages and/or for
specific performance and/or to enjoin such breach or threatened breach.
10. Risk of Damages. Any use of the Grantor Property, including the Easement Area,
by Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees,
employees, contractors or agents (the "Benefited Parties") shall be deemed to be at the risk of the
person or entity using the same, and Grantor shall not be liable or responsible for any damage to
property or injury to person or loss of life that may result to Grantee, and/or the Benefited
Parties, or any other person, except to the extent caused by the gross negligence of the Grantar,
its agents or employees. Grantee and/or any of the Benefited Parties shall not commit waste or
create or permit nuisances on the Easement Area. Grantee accepts the Easement Area in its
present condition, "AS-IS," and Grantor shall have no duties to Grantee, except as provided in
Sections 4 and 6 above, regarding the condition of the Easement Area. Notwithstanding the
foregoing, this Section 10 shall not apply with regard to any defect(s) in the Easement Area
existing prior to the date on which the Grantee assumes responsibility for maintaining and
repairing the Permanent Walkway pursuant to Section 6 above, which are known to the Grantor,
but not known to the Grantee and not disclosed by the Grantor to the Grantee.
5
11. Indemnification. Grantee hereby releases, indemnifies and promises to defend
and save harmless Grantor from and against any and all liability, loss, damage, expense, actions
and claims, including costs 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 in the exercise of the rights granted herein and/or in connection with or arising from the
use of the Easement Area; provided however this paragraph does not purport to indemnify
Grantor against liability for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the gross negligence or willful misconduct of Grantar, or its
agents or employees.
If a court of competent jurisdiction determines that this Easement is subject to the
provisions of RCW 4.24.115, the parties agree that the indemnity provisions in this Easement
shall be deemed amended to conform to said statute and liability shall be allocated as provided
therein.
12. Insurance. Grantee and/or its contractors, employees and agents working on the
Grantor Property or Easement Area shall maintain in full force and effect during the term of this
Easement a policy of commercial general liability and property damage insurance related to the
Easement Area and the City's use or occupancy thereof in a form acceptable to Grantor and with
a minimum limit of$5,000,000 per occurrence under which policy the Grantor is an additional
insured.
13. Hazardous Materials. In no event shall the Grantee store, dispose, release, or
discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on the
Grantar Property or the Easement Area. "Hazardous Materials" means any (a) petroleum
products or by-products; (b) all hazardous or toxic substances, wastes or materials or pollutants,
including hazardous substances as defined by §101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, and/or the Washington State
Model Toxic Control Act, RCW §70.105.010, as amended; and (c) any other chemical, pollutant
or material which is regulated by any federal, state or local governmental agency or authority
under any environmental laws. Notwithstanding the foregoing, Hazardous Materials shall not be
defined to include fuel or lubricants necessary for the operation of Grantee's maintenance
vehicles, inspection vehicles or maintenance equipment, provided that such materials are used in
accordance with any and all applicable Hazardous Material laws, and are handled in a reasonably
prudent manner.
14. Termination. In the event Grantor has not begun development of the Grantor
Property pursuant to final site plan approvals within fifteen (15) years from the date of this
Easement, all rights granted by this Easement shall automatically terminate and be of no further
force and effect. Upon such termination, Grantor may record notice thereof without the joinder
of the Grantee.
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15. General Provisions.
15.1 Notices. Any notice, request, approval, consent, or other communication
required or permitted to be given by any party to any other hereunder shall be in writing and
shall be deemed to have been duly given when delivered personally or by overnight courier; or
received following deposit as prepaid certified mail (return receipt requested) with the United
States Postal Service; and addressed to the appropriate party at its address set forth below, or at
such other address as such party shall have last designated by notice to the other.
GRANTOR: c/o Southport, LLC
1083 Lake Washington Blvd. North, Suite 50
Renton, Washington 98056
GRANTEE: City of Renton
1055 S. Grady Way
Renton, Washington 98055
15.2 Attornevs' Fees. If any suit or other proceeding is instituted by any of the
parties to this Easement arising out of or pertaining to this Easement, the substantially prevailing
party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses
incurred from the substantially nonprevailing party, in addition to such other available relief.
15.3 Entire Agreement. This Easement constitutes the entire agreement of the
parties hereto with respect to the matters dealt with herein, and supersedes all prior
correspondence, agreements and/or understandings, both verbal and written, not contained in this
Agreement. This Easement shall not be modified unless done so in writing and signed by both
parties.
15.4 Governin�w. This Easement shall be governed by and construed in
accordance with the laws of the state of Washington.
15.5 No Abandonment. Failure to act by either party under this Easement shall
not constitute abandonment of the Easement.
15.6 Severabilitv. The invalidity of any provision of this Easement as
determined by a court of competent jurisdiction, shall in no way affect the validity of any other
provision hereof.
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IN WITNESS WHEREOF, this Easement is executed by the parties, intending to be
legally bound, effective as of the date first written above.
GRANTOR: GRANTEE:
SOUTHPORT, LLC, a Washington limited CITY OF RENTON, a Washington
liability company municipal corporation
By: Seco Developm , In , its manager By: �� � W�'�uZ�
Name: Kat y Keolker-Wheeler
By: Its: Ma y o r
Mich P. ist, President
Attest: �,C,[, � L(�2��an,�
Bonnie I. Walton, Cit� �k�r�'••,,
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STATE OF WASHINGTON W: • �
ss. �: �� '�-t '• .
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COUNTY OF KING �.o't �
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I certify that I know or have satisfactory evidence that Michael P. Chr��'�����son
who appeared before me, and said person acknowledged that said person signed this instrument,
on oath stated that said person was authorized to execute the instrument and acknowledged it as
the President of Seco Development, Inc., a Washington corporation, the Manager of
SOUTHPORT, LLC, a Washington limited liability company, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
f
Dated this � � �' day of LL S� , 2005.
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��_; A�el.tG ;� � Notary public in and for the state of Washington,
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STATE OF WASHINGTON
ss.
COUNTY OF K1NG
I certify that I know or have satisfactory evidence that ICQfhV KCOIKer- l�hecler is
the person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the IYJGIVDP of CITY OF RENTON, a Washington
municipal corporation, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated this J�� day of QL;���J , 2005.
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My appointment expires a-�1-0 240(0
9
EXHIBTT A
TO EASEMENT AGREEMEI�i'T
Le�al Description of Grantor Propert�
Lot 4,City of Rentan Short Plan No. LUA-99-134-SHPL,according to the Short Plat recorded
January 31, 2Q00,under AFN 20000131900006, in King County,Washington.
EXHIBIT B - LOT 4
TQ EASEIIAENT AGREEMENT
�or
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BUSH,ROED & HITCHINGS,INC. ' ,GI$��y�tia�'�
CML ENGINEERS d�LAND SUaVE1ROR3 �+j '•••••
2009 MINOR AVE E (206)323-�4144 ��V'�
SEAT7LE,WA 96102-3573 ��1�
BRH.I�B N0.89036.1i 3-10-OS
REVISED 7-13-05
'1 l3�05
PEDESTRfAN 1NALKWAY EASEMENT SKETCH
PREPARED FOR: SECO DEVEl.OPMENT, INC.
SOUTHPQRT PROJECT
EXHIBIT C - LCJT 4
TO EASEMENT AGREEMENT
DESCRIPTION
PEDESTRIAN WALKWAY EASEMENT
THAT PORTION OF LOT 4, CITY OF RENTON SHORT PLAT N0. LUA-99-134-
SHPL, RECORDED UNDER RECORDING NO. 20000131900005, RECORDS OF
KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LA�1D 12.00 FEET
IN WIDTH, THE NORTHWESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMNIENCING AT THE MOST WESTERLY CORNER OF SAIb LOT 4 THENCE SOUTH
43°07 `33" EAST 7.00 FEET ALdNG THE SOUTHWESTERLY LINE THEREOF TO
THE TRUE PpINT OF BEGINNING OF SAID LINE DESCRIBED HEREIN;
THENGE NORTH 49°00 ' 13" EAST 22.78 FEET;
THENCE iVORTH 46°23'96" EAST 66. 94 FEET;
THENCE NORTH 46°35'S4" EAST 40.39 FEET TQ THE NORTHEASTERLY LINE
OF SAID ZOT 4 AND THE TERMINUS OP SAID LINE DESCRIBED HEREIN AND
FROM SAID fiERMINUS THE MOST NORTHERLY CORNER OF SAID LOT 4 BEARS
NORTH 43°22'06" WEST 7. ai FEET DISTANT.
THE SOUTHEASTERLY LINE OF THIS EASEMENT SHAI,L BE SO SHORTENED OR
LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN THE
SOUTHWESTERLY AND N4RTHEASTERLY LINES �F SAID LOT 4.
SZTUATE IN THE CITY OF RENTQN, KING COUNTY, WASHINGTON, LYING IN
THE SOUTFiWEST QfJARTER OF SECTION 5 AND THE NORTHWEST Q[IARTER QF
SECTION 8, TOWNSHIP 23 NpRTH, RANGE 5 EAST, W.M.
�. SEC� DEVELOPMENT, INC.
,,� " SOUTHPORT
' �' JOHANN G. WASSERMAi�IN, P.L.S.
� - BRH JOB NO. 99036. 11
MARCH 10, 2005
REVISED 3ULY 13, 2005
�� ; SUSH, ROED & HITCHINGS, INC.
� 2Q09 MINOR AVENUE EAST
SEATTLE, WA 98102
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