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HomeMy WebLinkAboutE 20060830000143 � . , , Return Address: Cit,y Clerk's Office ��tV of Renton 20060830000143 1055 S. Grady Way Renton WA 98055 CITY OF RENTON EAS 46.00 PAGE001 OF 015 08/30/2006 09:10 KING COUNTY, WA Piease print or type inCormation WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUmeIIt Tltle(S� (or transactions contained therein):(all areas applicable to your document must be filled in) , � , 1. �... L � . 3. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) (Last name,fust name, initials) 1. , 2. � > Additional names on page of document. Grantee(s) ( st name f t,then fust name and initials) 1. , 2. Additional names on page of document. Legal desCl'iptlOri(abbreviated: i.e.lot,block,plat or section,township,range) Additional legal is on age5 of document. , � lL%l�,�Y1C� �X.r1�1 Assessor's Property Tax Parce Account Number ❑Assess ax#not yet assigned o886hopp(�D The Auditor/Recorder will rely on the inforn�ation provided on the form. The staff will not read the document to verif the accurac or co leteness of the indexing information rovided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 3F�.18.010. I understand tlaat the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party Page 1 of 15 a���` � / � � < REQUIRED ' ' C � ^o DN�an ,Deput}i � LAKESHORE LANDING 15' UTILITY EASEMENT For and in consideration of One Dollar($1.00) and other valuable consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY.,a Delaware corporation, ("Grantor" herein), hereby grants and conveys to THE CITY OF RENTON, a Washington municipal corporation ("Grantee" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over, across and under the real property, in King County, Washington, as described in Exhibit A-1 (the "Property"), such easement to take up the portion of such property as is described in Exhibit A-2 and depicted on the exhibit labeled "Map Exhibit" (the "Easement Area"), which such exhibits are attached hereto and incorporated herein by this reference. This easement is granted subject to and conditioned upon the following terms, conditions and covenants, which Grantee hereby promises to faithfully and fully observe and perform. 1. Purpose. Grantee shall have the right to construct, reconstruct, install, repair, replace, enlarge, operate and maintain underground utilities and underground utility pipelines, including but not limited to water, sewer, and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law without incurring any legal obligation or liability therefor(except as provided in this Easement). Following the initial construction of its facilities, Grantee may from time to time construct such additional underground facilities as it may require in connection with utilities and utility pipelines. 2. Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein in compliance with all applicable laws and regulations. Grantee shall obtain all permits and approvals required by any governmental agencies that may be necessary to Grantee's intended use of the Easement Area. 3. Removal of Fill Material. In the event that Grantee encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, Grantee shall cease all operations and notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of Grantee, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, ar reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for Grantee to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, Grantee shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected hazardous substances are the resi►lt of the acts or omissions of Grantee, Grantor's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the Page 02 of 15 removal, disposal or handling of the hazardous substances will be at Grantee's expense, and Grantee shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation. Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of Grantee hereunder shall be the sole responsibility and expense of Grantee. 4. Grantee Use and Activities. Grantee shall use, or allow the use of, the Easement Area only for the purposes set out in paragraph 1 of this Easement. Grantee shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area as set forth in Paragraph 5. Grantee shall, at all times, exercise its rights hereunder in a manner so as to prevent bodily harm to persons (whomsoever) and damage to property(whatsoever). Grantee shall maintain and repair the Easement Area(and improvements thereon) as necessary to keep the same in a neat, clean and safe condition. The Grantee shall upon completion of any work within the Easement Area or on the Property, restore the surface of the Easement Area and any private improvements disturbed or destroyed and any other area of the Property disturbed during execution of the work as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 5. Grantor's Use of the Easement Area and Access bv Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not: (a) Erect or maintain any building or structures within the Easement Area (b) Plant trees, shrubs, or vegetation having deep root patterns that may cause damage to or interfere with the utilities to be placed within the Easement Area by the Grantee; (c) Develop, landscape, or beautify the Easement Area in any way that would unreasonably increase the costs to the Grantee of restoring the Easement Area, the Property or any private improvements on the Easement Area or the Property; (d) Dig, tunnel, or perform other form of construction activities on the Easement Area that would disturb compaction of or unearth Grantee's facilities on the right- of-way, or endanger the lateral support facilities; (e) Blast within fifteen (15) feet of the right-of-way. (fl Erect fences in such a way as to prevent access by the Grantee's vehicles to the Grantee's facilities. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least 10 feet in width or provide an alternative access location. Grantee shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which Grantee is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. Page 03 of 15 Nothing in this Easement is intended to prevent Grantor from placing utility installations or other facilities within the Easement Area, provided that Grantor shall not damage, disturb, or interfere with the utility installations of Grantee. Grantor shall gain approval from Grantee of any utility installations proposed within 1 feet vertical or 5 feet horizontal from the Grantee's underground utility. 6. Indemnity and Insurance. 6.1 Grantee agrees to release, indemnify and hold harmless Grantor, its corporate affiliates, and their respective successors or assigns in title to the Property, and each of their respective directors, officers, employees, agents, servants and representatives, (the "Indemnified Parties") from any and all actions, liabilities, demands, claims, suits,judgments, liens, awards, and damages of an�kind ar character whatsoever(hereinafter referred to as "Claims"), including claims for injury to or death of any person, loss of or damage to any property, and costs, expenses and reasonable attorneys' fees incurred by Grantor in connection therewith(including costs in connection with establishing the right to indemnification hereunder), asserted or arising directly or indirectly from, on account of, or in connection with operation, maintenance, use, or control of the Easement Area(and improvements thereon) or presence on the Property in corulection therewith of Grantee, or any agent, employee of Grantee or any contractor providing goods or services to Grantee ("Contractor") ar any Contractor's personnel. The foregoing is not intended to require the Grantee to indemnify the Indemnified Parties with respect to any Claim to the extent that it was caused by the active negligence or willful misconduct of the Indemnified Parties. With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. Grantee expressly waives any immunity under industrial insurance whether arising from any statute or other source,to the extent of the indemnity set forth in this paragraph. In the event that Grantee is successful in proving that the foregoing indemnity is limited by applicable law, Buyer shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by applicable law. In no event shall Grantee's obligations hereunder be limited to the extent of any insurance available to or provided by Grantee. 6.2 Grantee shall carry ensure that any Contractor carries and maintains, Commercial General liability insurance with available limits of not less than One Million Dollars($1,000,000) per occurrence for bodily injury, including death, and property damage combined, One million Dollars($1,000,000) general aggregate. Such insurance shall be in a form and with insurers acceptable to Grantor and shall contain coverage for all premises and operations, broad form property damage and contractual liability(including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this paragraph sha1L• (a)be endorsed to name "The Boeing Company and its subsidiaries and their respective directors, officers, employees, agents, attorneys and assigns" as additional insureds (hereinafter "Additional Insured") with respect to any liability arising out of Grantee's presence on the Property (or such Contractor's presence as the case may be), (b)be endorsed to be primary to any insurance maintained by The Boeing Company; (c) contain a severability of interest provision in favor of the Page 04 of 15 Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional Insured. If licensed vehicles will be used in connection with this permit, Grantee shall ensure that any Contractor who uses licensed vehicles in connection with this permit carries and maintains, Automobile Liability insurance covering all vehicles, whether owned, hired, rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000}per occurrence combined single limit for bodily injury and property damage. Grantee shall ensure that any Contractor covers or maintains, insurance in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law. No Contractor shall access the Property unless such Contractor shall have first provided for Grantor's review and approval, a certificate of insurance reflecting full compliance with the requirements set forth herein. Such certificate shall list The Boeing Company as certificate holder and shall be kept current and in compliance throughout the period of this permit and shall provide for thirty(30) days advance written notice to Grantor in the event of cancellation. The insurance provisions in this Section 6.2 can be substituted with self-insurance. 7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use said Easement Area for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. 8. Notices. Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: The Boeing Company P.O. Box 3707, M/C 6R6-10 Seattle, WA. 98124-2207 Attn: Development Manager Phone: 425-373-2100 With a Copy To: Gerald Bresslour The Law Department The Boeing Company P.O. Box 3707, M/C 11-XT Seattle, WA 98124-2207 Phone: 206-655-2405 Page 05 of 15 To Grantee: Gregg Zimmerman Administrator Planning�Public Works City of Renton 1055 South Grady Way Renton, WA 98055 Either party may change the address to which notices may be given by giving notice as above provided. 9. Repairs. Grantee shall compensate Grantor for any damage to the Property,the Easement Area and/or any other property of the Grantor caused by the exercise by Grantee of its rights hereunder. 10. Limited Warranties. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor shall warrant its title to the Property against any person claiming through Grantor, but not otherwise. Any plans, specifications, or drawings (collectively, "Submittal")provided by Grantee to Grantor pursuant to this Agreement are for Grantor's informational purposes only. Any analysis, review or approval by Grantor, or Grantor's failure to analyze,review or approve such Submittal (including failure to discover any error or defect in such Submittal) shall not relieve Grantee of any of its obligations under this Agreement. Grantor hereby expressly disclaims any and all warranties, express or implied, with respect to any such Submittal developed, reviewed or approved by Grantor as a condition of this Agreement. 11. Covenants Runnin�with the Land; Successars and Assigns. The terms and conditions of this Easement shall be covenants running with the land, and shall burden and benefit the Grantor, the Grantee, and their respective successors and assigns in interest as owners of the Property(in the case of the Grantor and its successors and assigns) or as grantees of the rights hereunder(in the case of the Grantee and its successors and assigns). Upon transfer of title to the Property by Grantor or assignment of its rights hereunder as grantee by Grantee,the benefits and burdens of this Agreement shall pass to the transferee, and the transferor shall be liable only for those matters that arose during the period of such transferor's ownership of the Property or of the rights of the Grantee, as the case may be, and the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 12. Termination; Relocation. 12.1 Grantor may require Grantee to relocate the easement granted hereby at any time and from time to time to another area of the Grantor's property, provided that any such relocation shall be at Grantor's expense, and provided that any area to which the easement is relocated shall be deemed the "Easement Area" for all purposes of this instrument from the date of such relocation. Page 06 of 15 12.2 In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety(90) days of Grantor's giving Grantee written notice thereof, or, if not reasonably capable of being cured within such ninety(90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default. 12.3 Upon termination of this Agreement and if requested by Grantor, Grantee, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and restore the Easement Area to a condition as good or better than it was prior to construction of said improvements. 12.4 No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13. Attorneys' Fees. In the event either party brings a legal action against the other party to enforce its rights hereunder,the substantially prevailing party shall be entitled to receive reimbursement from the other party for such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. 14. No Merger of Estates. The Easement granted herein shall not be extinguished or terminated by operation of the doctrine of inerger or otherwise due to the existing or future common ownership of the real property described herein. 15. Complete Agreement. This Easement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Easement includes Exhibits A and B, which by this reference are incorporated into this Easement. 16. Choice of Law. This Easement shall be governed by the laws of the State of Washington, exclusive of its choice of law rules. Page 07 of 15 DATED __,A�� Cr t,�.S-� (u, Zav (a � Grantee: Grantor: The City of Renton The Boeing Company By: � By: Its: � , %yi�✓�,rr� Its: Ste hen 1.Barkec Vice President Page 08 of 15 State of California ) �"�K--f4 JV G-L- ) SS County of ) On �E�S� �p, ��� before me, �n�l J�Gt.a�( $� personally appeared Sj����'^, f��-K�'�. � personally known to me ❑proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. TONI RAAGAS WITNESS my hand and official seal. � COMM. #1605622 z � Notary Public •Calitomia o ,�J,� 4 z - Oranqe County � Comm.Ex ues Se . 1 Q 2009 vw (Signature of No ry ublic) Notary seal,cext and all twtations mus[be inside 1"margins State of i�-�1�i rt�.�u� r�) ) SS County of ��� ) On 1 L� �i�C�17�� a�lo before me, �vr���OQ C` ��l `� ��4-w�cx r personally appeared �nr�,GP �.�vv�lv�E Y'w�vr �personally known to me �proved to me on the basis of satisfactory evidence ����,0e���a ��� YNYV �� I to be the person whose name is subscribed to the within �` `,�;t`�����'�`��� instrument and acknowled ed to me that he executed the �`�t;+` r��'�-�q''�,,'� same in his authorized gcapacities, and that by his � �.;+��T�'�'�. �� signature on the instrument the person, or the entity upon : ?v — . _ c+�: � behalf of which the person acted,executed the instrument. �J`�'�i �U�L�G =�'= WITNESS my hand and official seal. 7�'�n,2'19-��.`'� t� !j�'t���,����`�yC�`t , � Iiv..v. a-►�. (Signature f Notary P I c) Page 09 of 15 EXHIBIT A-1 (Legal Description of the Property) ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KiNG, STATE OF WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING PARTICULARLY DESCRIBED AS FOLLOWS LOT 6 OF BOEING LAKESHORE LANDiNG BINDING SITE PLAN, AS RECORDED IN VOLUME 225 OF PLATS AT PAGES 82-86, INCLUSIVE, UNDER K1NG COUNTY RECORDING NUMBER 20041223000856. Page 10 of 15 EXHIBIT A-2 (Legal Description of the Easement Area) Page 11 of 15 Project: Exhibit A.2 �'1�O# Legal Description PID GRANT'OR: Street: SANITARY SEWER EASEMENT ALL THAT CERTAIT!PROPERTY SI'I'UATE W THE CITY pF RENTON,COUNTY OF KING,STATE OE WASHINGTON,LYING WITHI�!'THE NORTHWESTQUARTER OF SECTIOiV 8,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,BE,NG A PORTtON Ofi LOT 6 OF BOEING LAKESIiORE LAIVDING BINDING STTE PLAN,AS RECORDED N VOLUME 225 taF PLATS AT PAGES 82_86,INCI.USIVE,UNDER KING C�IINT1'REC�RDII�IG 1�TUMBER 200d1223000856,SEING A STRtP OF LAND 15.00 FEET I�t WIDTH, Ll'II�TG 7-SO FEET ON EACH SIDE OF THE FOLLOWIiVG DESCRIBED CEM'ERLINE: COMMENCINCi AT THE INTERSEGTIOi�t OP NQ12TH&TH SIREET AND PARK AVENt1E NORTH,BEING A MOt�fIIMEN!'IN C,�1SE,-i'HENCE N00'S6'42"E A[ANG THE CENTERIdAIE OF PARK AVENUE TIOg'I'H A DISTANCE OF i,U42.48 FEET; '1�HENCE TANGENT TO THE pitECEDII�lG cpUi2SE ALOA7G THE ARC OF A CURVE TO'TI�LEFT HAVI�IC A RADNS OF b00.00 FEEI'AND A CENTRAL ANGLE OF 28"54'OS",AN ARC LENGTH OP 342.65 FEET; T'�2�ICE N27�57'23"W A BISTANCE OF I42.88 FEET TO THE ITPIBRSEGTtON OF PARK AVENUE NORTfi ANi?LOGAN AVENUE I+fORTH; THEhTC$N40°U6'S4^P/A DTSfANCE OF 68.I S FEET TO A POI2VT ON THE SOUTHEAST'ERLY LINE OF SAID LOT 6 AND THE TRUE POINT pF BEGTl\TTING OF THIS EASEMENT CENTERLINE DESCRIP"ITON; TFIENCE FROM SAID TRUE POIIYT QF BEGII1�IIYi G N27°40'04"W A DISTANCE OF 70.06 FEET; TIiEI�TCE A17]°OT20"W A IIISTANCE OF 48.22 PF.EI; THEIVCE I136°38'S0"W A DiSTANCE OF 13.49�EET'I'Q A ppFl�'T pA(Tf�NORTHWESTERLY LINE OF ; SAID LpT b ANB THE TERMINUS OF THIS EpSEM�M'C�ER�.IVE BESCRIP'TION. . THE SIDELt1YES QF SAID 15.00 WIDE EASEMENTARE TO BE PROLONGED AND FQRESHORTEMED AT THE[R TEKhfINI AND ANGLE POINI'S SO AS TO BE CONTIGU4US WTTH THEMSELVES AND THE ' BpUNDARY OF SAFD LOT 6. 04��R s g`S o� Xa,sf,,r ,,p v����$ t�'' ��°�� p � �,��r�I�� �st LAx9 � �r�� � T ob Page 12 of 15 Project: Exl�ibit A.� w°# Legai Description PID GRAN'I�pR: Street• sroxM D�rnT EASEx�rrr ALL THAT CERTAtN PROPERTY SITUATE IN THE CITY OF RENTON,COUNIY OF KING,STA'f'E OF WASHINGTON,LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 23 MORTH, RANGE S FAST,W.M.,BEING A PORTION OF LpT 6 OF BOEING LAKESFiO1tE LANDMG SINDING SCTE PEAN,AS RECORDED IN VOLUME 225 OF PLA'FS AT PAGES 82-86,WCT,tJSIVE,UND�R K[t�IG COUNTY RECpRDII�(G N[JMgER 2W41273000856,BEING A S1'RIP OF LAND I5.00 FEET It�t 9VID'IIi, iI'I�dG�.30 FEET ON EACH SIDE OF TH�FOLLOWING DESCRiBED CENTERT=IIJE: COMMENCING AT THE INTERSECTION�P NORTH 8TH STREET AND pARK AVENUE NORTH,BEING A MO�UMENT IN CAS$,1'fiENCE N00°56'42"E ALQNG THE CQJT'ERI.,INE OF PARK AVENU&iVORTH A DISTANCE OF t,042.48 FEET; � THENCE TANGENT TO 1HE PRECEDING COURSE ALOAIG THE ARC OF A CLJRVE'i'O THE LEFT HAVINIG A RADICIS OF 600.00 FF�i T AND A CENTRAL ANGLE OF 28�54'OS",AN ARC LENGTH OF 342.65 FEET; T13ETtiCE TI27°57'23"W A DISTANCE OF 142.88 FEET TO THE INTERSECTION OF PARK AVEI�ItJE NOR1H Ai�tD LOGAN AVLNUE NORTH; THENGE N37°26'Sd'�A DISTANCE OF 204.90 FEET TO A POINT ON THE SOYI'T�FEASTQtLY LINE OF SA1B LOT 6 AND TfiE TRT,SE pOINT OF BEGIN(NING OF THIS EASEMENT CENTERLINE DESCRIP110N; THENCE FROM SAID TRUE POYNT OF BEGINMI�IG Ni2'37'13"E A DISTANCE t�F 127.04 FEET; T'HENCE N40"00'U3^W A DISTANCE O�'13.75 FEEC; 1HENCE N43°12'S5'�A DISTANCE�F 289.83 FEET TO A POINT ON THE NOIZTREASTERL.Y LL�FE OF SAID LOT 6 AND'CHE TERMINTJS()F'THIS EASEMENT(�rt'E1ti,ll�(E DESCRIPTTON. 7NE SmELRdES OF SAID 15.00 WIDE EASFMENT pltE TO BE PROLONGED AND FORESHORTEtQEA AT THEIR TERMIIII APlD ANGLE POIIVTS SO AS TO BE CONTIGUOUS WITH�ISELVFS AND THE BOtINDARY OF SAID LOT 6. o'�K�� s ti5�°'� g�r.��'o �s� . c�.� U E, o'Y 36804 � ��d'�1STF�""� . l�klL LJIK� �'IRES 7/12J07 � 7 D6 Page 13 of 15 Map Exhibit (Drawing showing Easement Area) Page 14 of 15 Map E�chibit 15' STORM AND SAN(7"ARY SEWER EASEMENTS i1NE FABLF L1NE LENG7N BEARING L1 68.i5 N40'�6'S4�W L2 70.06 N27'40'04"W � L3 48.22 N7t 0720"W '� L4 13.49 N36'3850"W v$ ���� L5 204.90 iJ33' 6'5 =E t�P L6 f27.04 N}2 3" ,�2. Q L7 13.75 N4p ' 5'W O y.�d�' �� L8 289.83 N43'I2'55"E y / � /, 17 / . � ,�� �o�6 /P��. ��P �G ���� .�v i \�PR-f�q �'�/ Yh/ � � �5�P� %, � 5� ��1� i . �� /� �� L07' 2 �N� � , �,,`�'� __._ � � ��� � � ��� , LOT t �y o � (1j � L t BDEtNG LAKESHORE LANDIIJG BINf�1NG S11E PtAN Z REC. N0. 20041223000856 � ' SCALE 1"=70D' Page 15 of 15 U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION CERTIFICATE AS TO PROJECT SITE, RIGHTS-OF-WAY,AND EASEMENTS Part One Certificate of Engineer I,the undersigned Engineer,certify that I am familiar with the design of the South Lake Washineton Roadwav Improvements/Road&Utilities (Name/Type of Facility) being constructed by the Citv of Renton (Name of Owner) as part of EDA Project Number 07-79-05825 and that all of such facilities will be constructed wholly within the land, leasehold interest and rights-of-way hereinafter described and existing public streets and roads. I further certify that the land, leasehold interest and rights-of-way being purchased as hereinafter described are sufficient but not in excess of actual needs for the Project as planned and approved by the Owner. 1. Fee Title or a long term leasehold interest is required for the following property(Project elements constructed above ground should be on land owned in Fee. Describe each tract,whether presently owned or to be acquired,and indicate what Project element is to be constructed thereon, i.e.,tank site,pumping station, treatment plant,etc.; if more space is needed use additional sheets marked `Exhibit A'): The easements and rights-of-way, as described in Exhibit B, will be used to build a network of new roadways and installation ojstorm water, water, and sewer utilities within the roadways to support a mrx-use development. 2. The following easements and rights-of-way will be required for this Project(describe each easement and right-of-way,whether presently owned or to be acquired. Describe by courses and distances and by name of Owner, including area in acres; if more space is needed use additional sheets marked `Exhibit B'): The legal description and exhibit maps for all right-of-way/easements acquired are provided in Fxhibit B. 3. The following state,railroad,highway or other permits will be required(describe location and name of permitter; if more space is needed use additional sheets marked `Exhibit C'): Construction Stormwater General Permit was acquired from the Dept. of Ecology, no other permits are needed. WITNESS MY HAND,this the 2.�(� day of C,r, ,200� G�;G���'(� Q;���--- Registered Professional Engineer-Robert Lochmiller,PE Telephone No. 425-430-7303 Address 10555 South Gradv Way City/State Renton, WA (TO BE COMPLETED BY ARCHITECT/ENGINEER AND FORWARDED TO OWNER'S ATTORNEY). Part Two Title Opinion I, Lawrence J. �9arren Attorney-at-Law, representing The City of Renton (hereinafter the'Owner')do hereby certify that: 1. I have examined the public record of King County, �Jashington State from the period of Jan. 1 195 0 to Dec. 1 2006 ��,hich period of time should be at least 40 years).Based upon said examination, I find and am of the opinion that The City of R�nton is vested with marketable,fee simple title to the land referenced in Part One hereof as being required in fee,subject only to the following liens,encumbrances and objections(if none write 'None'): Any encumbrances or objections to the fee simple title listed above will not,in my opinion,restrict or interfere with the contemplated construction,use or purpose of the aforesaid EDA Project. 2. This is to further certify that all easements or rights-of-way described in Part One as being needed for the noted Project have been acquired by the Owner,that all long term leases described in Part One as being needed for the noted Project have been entered into by the Owner,that I have examined the instruments creating the easements,rights-of-way,or long term leases described in Part One,and it is my opinion that said instruments are valid as to form and substance for the purposes intended and provide the Owner with sufficient interest to construct and maintain the Project facilities. I certify that I have examined the public records for the purpose of ascertaining that said easements and/or rights-of-way have been obtained from the record owner(s). 3. The extent of said title examination,is sufficient for the purpose of establishing the validity of the title to said property and for the purpose of determining outstanding restrictions,liens,encumbrances,and ownership interests pertaining thereto. 4. All permits described in Part One as being needed for this Project have been obtained and I have examined all of said permits and am of the further opinion that said permits are valid as to form and substance for the purposes intended. 5. Remarks and Explanation . f,� /� �� (J —;-r n _ Date Attorney- -Law Telephone No. 4 2 -2 5 5-8 6 7 8 100 So 2nd St/P.O. Box 626 Renton [VA Address City State ■ It is the sole responsibility of the RecipiendGrantee of the EDA grant award to provide a legal opinion verifying that the RecipienUGrantee has good title to ali property required for completion of the Project as defined by the grant award. ■ A long term leasehold interest is acceptabie only if held by the RecipiendGrantee of the EDA grant award for a period not less than the estimated useful life of the Project and only if lease provisions adequately safeguard EDA's interest in the Project. ■ Only legal descriptions of the property described herein should be attached to this form. ■ If this title opinion is based on a title insurance policy,any exceptions(isted on the policy should be explained and resolved in #5 above. ■ EDA relies on this title opinion and does not make independent findings regarding title to the property described herein.