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Home My WebLink AboutE 20060602001486 Return Address La Pianta LLC P.O. Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki 200fi0602001486 COMMONWEqLTH L EAS 40.00 08%0Z02008 34839 KINC COUNTY, WA Document Title(s) (or transactions contained therein): Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Reference Number(s) of Documents assigned or released: �O _ (on page _ of documents(s)) co�orrw�t,xz.,�►r�n�n�s �: L��'� Grantor(s) (Last name first, then first name and initials): 1 . La Pianta LLC� 2. City of Renton Grantee(s) (Last name first, then first name and initials): 1. La Pianta LLC 2. Cii or �enton✓ Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PORTION OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 OX Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 1623059059 [ AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT (the "Amendment") is made and entered into this 3(5'"�day of , 2006, by and between La Pianta LLC, a Washington limited liability com any, as successor by merger with La Pianta Limited Partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). RECITALS A. Grantor and Grantee entered into that certain Temporary Easement for Surtace Water Drainage Overtlow and Agreement, dated November 21, 1996 and recorded December 12, 1996 as Instrument No. 9612120153 in the records of King County, State of Washington (the "Agreement"), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surtace water over Grantor's property, which is more particularly described in Exhibit A attached hereto. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless the context requires otherwise. 6. Grantor and Grantee desire to amend the Agreement on the terms and conditions set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Amendments to the Easement 1.1 Term of the Agreement The Agreement is hereby amended by deleting Section 3 in its entirety and substituting the following therefor: 3. TERNI OF EASE��iENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use Amendment to Temporary for Surface Water Drainage Overf]ow and Agreement NnGE 1 5/5/06 Permit No. SP-92-174, and be automatically extended to be coterminous with any subsequent issued Special Use Permit authorizing Grantor to continue to fill Grantor's property provided that such subsequently issued Special Use Permit contains substantially the same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on July 31, 2011, or on such sooner date as improvements have been made to Grantee's existing storm sewer �ystem suci� ihat the need fior the Temporary OvErfiow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP-92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and the Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantor's obligations arising out of such subsequently issued permit. 1.2 Right to Terminate The Agreement is hereby amended by deleting Section 11 in its entirety and substituting the following therefor: 11. GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"), which date shall be no sooner than eighteen (18) months from the date of Grantor's notice. On or before the Termination Date, .Grantee shall remove �ny and all Improve.ments and shall restore Amendment to Temporary for Surface bVater Drainage OverElow and Agreement pAGF 2 i/5/06 Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of the Easement. Grantee's obligations to restore Grantor's property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims �r damag�s relafiing to Grantee's exercise o� its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 1.3 Notices The notice information for both parties set forth in Section 12 of the Agreement is hereby amended as follows: GRANTOR: LA PIANTA LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Jacek Pawlicki GRANTEE: CITY OF RENTON 1055 S. Grady Way Renton, Washington 98055 Attn: Administrator of Planning, Building and Public Works 2. No Other Changes and Integration In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without change. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understanding or representations pertai�ing as tc any �uer riatters shalf be effective far any purpose. Amendmen[to Temporary for Surface 1�'ater Urainage Overflow and Agreement PAGE 3 i/5/06 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date and year first above written. GRANTOR: LA PIANTA LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership By:Metro Land Development, Inc., its Manager By: � � � _ Name: M. A. Segal Its: President GRANTEE: CITY OF RENTON, a Washington corporation By: �� Name: xat y xeolker ItS: Mayor Attest: �� (,�� Name: Bonnie I. Walton, City Clerk ,J� ^ �. i .•' �. •' � �� * - . �,� � ,,, �FA , : . �'4'• �r Amendment to Temporary for Surface N�ater Drainage Overflow and Agreement ,*��4 l r a�'�Q J`,. �>q�'F q ''�•:.,...��.��.�• >/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) + On this 3 �� day of t�.�.�, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personaliy appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., Manager of LA PIANTA LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that M. A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. � (Signature Notary) GEORGE L HULLJR NOTARY PUBLlC STATE OF WASNIMGTO _�"'�.. C.z�rc�� 1.... . �-v� ` �0. COMNHSSION EXPIRES Print or stam DECEMBER 15,soo� ( p name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at �-Y.� My appointment expires: tZl�slc� Amendment to 7'emporary for Surface Water Drainage OverfloH and Agreement PAGE 5 5/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF i h ) On this 30�ti day of /Y�la.-� , 2006, before me, the undersigned, a Notary Public in and for the Sfate of Washington, duly commissioned and sworn, personall appeared a�hv m/Ker , to me known to be the person who signed as r of CITY OF RENTON, the municipal corporat on that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that S�i e was duly elected, qualified and acting as said officer of the corporation, that s�ie was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ii,.,�� ,/ � `4`�i��p,�iH ��;.��._ �CQL� .[�-B.�,d ``��t�,.��,;5s�c}f�F�..;92; (Signature of Nota� � :� ��O T Ad�yA��N ; _�_e��f 4� � V0.,�9S � : �•o. �; � (Print or stam p na m e o f N o t a ry) �,��:, pvB��c ,:_ �� NpTARY PUBLIC in ar,d for the State =9��'�y�:a�•��,�°��1 of Washington, residing at � e �,°fi u�As�`�,�'`' My appointment expires: ,/-/9-08 .,,�/iiiN Amendment to Temporary for Surface W ater Drainage Overflow and Agreement PAGE 6 i/5/Ob Schedule 1 to Driveway Easement Grantor's Property THE EAST % OF THE NORTHEAST %4 OF THE NORTHWEST %4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERAL AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. Amendment to Temporary for Surface Water Drainage Overflow and Agreemcnt PAGE 7 5/5/06