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Home My WebLink AboutE 20080509001957 Return.4ddress: City Clerk's Office City of Renton 1055 South Grady Way Rentoo,WA 9805y 20080509001957 CITY OF RENTON EAS 47.00 05G09 2008 04621 KING COUNTY, Wq Title: ITTILITIES EASEMENT 1'ro er Tax Parcel Number: 2924059415 Project File#: Street Intersection or Project Name: RefereriCe Nl�mber(S)Of DOct11]ieniS a,iSigned vi reicased: Additianal reference numbers are on page Grantor(s): Grantee(s): 1. Port Quendall Comgany,a Washington 1. City of Renton,a Municipal Corporation co oration Legal Descziption: Portion of City of Renton Lot Line Adj I,UA-00-044 as recorded under King Cty No. 20010105900005. Full legal is attached at Exhibit A. Grantor Tax Parcel No.: 2924059015 Grantee Tax Parcel Na.: N/A SEADOCS-#50895I73-v2-fnw_ciry_fnw_gypsy_creek_drainage_easemen�.DOC1 Page I FORM 03 0013/bh/CA2-2[-97 �::`�:�:�� ;';;��T�.�x��t��n�.��3 f�rMMn��t< fCA.Y..,;.d;�j• 1 ))) /��f� -r+!Y •.�� lf.. This UTILITY EASEMENT("Easement"}is entered into as of the ,30 day of Ly��, 2048,by and between Part Quendall Company, a Washington corporation("Grantor") and the City of Renton, a Washington municipal corporation("Grantee"}. I. RECITALS A. Grantor is the fee awner of certain property in the City o£RenEon thr�ugh which an existing drainage system known as the Gypsy sub-basin drainage system conveys surface water runoff. B. Grantor is the ground lessor of said property to Football Northwest LLC ("FNW"}. C. Grantee and FNW are parties to the certain Agreement for the Gypsy Subbasin/Ripley Lane North Storm System Improvement Project(the"Agreement"}. The Agreement contemplates that FNW will convey storm sysTem improvements to the City of Renton and that the City of Renton will receive an easement for maintenance and access to those improvement. D. To further the Agreement,Grantor wishes ta convey this easement to Grantee City of Renton for the location of,maintenance of,and access to the storm system improvements as described in the Agreement. Now,therefore,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowtedged, the parties agree as follows: TI. AGREEMENTS 1. Grant of Easement. Grantor hereby grants,bargains, sells and conveys to Grantee,its successors and assigns, a perpetuai,nonexclusive easement for storm system utility purposes over,under,through, across and upon the easement area as legally described at Exhibit A hereto and shown for informational purposes on the sketch at Exhibit B attached hereto (the"Easement Area"}, for the purpose of reconstructing,repairing,replacing, operating and maintaining the storm system utilities and storm system pipelines, catch basins,and inlet and outlet facilities and appurtenances,right of ingress and egress thereto without prior institzation of any suit or proceedings of law as described below. 2. Use of Easement. Grantee shall keep Grantee's storm system utility facilities in good and serviceable condition. Grantor, its employees, contractors, and agents shail not use the easement area in any way that damages Grantee's property or the improvements located thereon. 3. Maintenance. Grantee shall be responsible for maintenance and all costs of maintenance of Grantee's storm system utility facilities. All repairs shall be made in compliance with all applicable laws,ordinances, cades and regulations. Except for emergencies, Grantee shall give reasonable notice to Grantor or FNW of any maintenance or repair activities and shall schedule maintenance and repair activities in consultation with Grantor or FNW in order to rninimize inconvenience to Grantor or FNW's use of the Easement Area or abutting property. To the extent possible,Grantee shall avoid any staging or damage to the fields developed for professional football use on the Easement Area or adjacent property. After any maintenance or sos�saez.i repair of Gzantee's storm system uti�ity facilities, Grantee shall restore Grantor's property as nearly as practicable to the condition prior to the maintenance or repair activity. Any restoration shall be consistent with the capping and institutional cantrols required by the Washington State Deparhnent of Ecology requirements imposed pursuant to Prospective Purchaser Consent Decree Order No. DE92TC-N335 as amended(the"Consent Decree"). 4. New Structures. After the initial construction as described in the Agreement, Grantee shall not enlarge or build any new structures in the Easement Area without the express written consent of Grantor, which consent shall not be unreasonably be denied or delayed. 5. Reservation of Other Ri�hts. Grantor retains,reserves and shall continue to enjoy the use of the Easement Area for any and all purposes which do not unreasonably interfere with the rights granted to Grantee herein. Without lirniting the generality of the foregoing, Grantee shall not a. Erect or maintain any buildings witlun the Easement Area; b. Plant#rees or other vegetation with deep root patterns that would likely cause damage to the utilities within the Easement Area; c. With the exception of the professional football practice fields in a portion of ihe Easement Area, the irrigation systems for those practice fields, and the barriers and other requirements of the Consent Decree, Grantor shall not develop, landscape or beautify the Easement Area in any way that would unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein; d. Perform construction activities that would disiurb the compaction of or unearth Grantee's storm system utility facilities; or e. Blast within fifteen(15}feet of the Easement Area. 6. Liens. Grantee shall not allow any liens ar encumbrances of any kind whatsoever upon the Easement Axea. 7. Govemin�Law. This Easement shall be governed by the laws of the State of Washington. 8. Binding Effect. The easements and covenants herein shalI run with the land and be binding upon and inure to the benefit of the parties hereto, and their respective successors in interest. 9. Atnendrnents. This Easement may not be modified or amended without prior written approval of the parties hereta,or their respective successors or assigns. 10. Authoritv. AlI parties executing this Easement in a representative capacity covenant Ehat all necessary agprovals have been granted by any body required to provide them with the authority to enter into this Easement, 1 t. Attornevs Fees. In the event either party believes the other party is in defau�t under the terms of this Easement,the party shall provide notice and reasonable opportunity to cure to the allegedly defaulting party. The parties shall meet and attempt to resolve any alleged default prior to filing suit. If after notice and opportunity to cure, a party seeks to enforce this Easement in court, the most prevailing party in such action shall be entitled to its reasonable attorneys fees, expert fees, and costs incurred boeh during initial suit and on any appeal. 50895?B?.1 12. No Third Partv Beneficiaries. The parties agree that this Easement is solely for the benefit of the parties hereto, and their successors and assigns, and shaIl not be construed to confer any rights or enforcement rights to any third party. IN WITNESS WHEREOF,this Easement is executed as of the date first shown above. GRANTOR: GItANTEE: PORT QUENDALL COMPANY, CITY OF RENTON, ,, a Washington corporation a Washington municipal corp+0'�at,i�!�� ti , � ' , Q +�►. � � / . ��:' � '.: l ,• . o Name: I� � Name: D e n i s L a w ��, _ ,. �: Its: d+(,� ��;� ✓�f Its: Mayor -f�'—�"�' `� � �� A t t e s t: �yy�,_� G(J�UQ�Q7�� STATE OF WASHINGTON B o n n i e I . W a 1 t o n S� City Clerk ,��_�� COUNTY OF �.. �i�� I certify that I know or have satisfactory evidence that �l�I- t-fL�4'L�Y is the person who appeared before me, and said person acknowledged that said person signed this instrurnent,on oath stated that said person was authorized to execute the instrument and acknowledged it as the Y(,L�1��$�p�� of PORT QUENDALL COMPANY, a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this ,�(� day of �� ,2008. � � (Sig re oCNotary} �� ,,��1lII/f/a�f` �� `y�..�'T' �'i j� �'' ��.'�'�?f�� , .� ,��s ,��N'�� = ([.egibly Prinl or S1amp Name of Nolary) �� • • �i`�NQTARY•_ ' a ot�pu�blic in and for the state of Washington, residing _ � k -�-- = --1 • r : : . • " ,PUBL�C+ •' � My appointment expires /�z--`�7 l� ~�� ,� %, ��M/�� ,�� I � ,� I ` �� ,,,��f/�:r��lll\ 5089f_8_.I , , EXHIBIT A STORM SEWER LI1�IE EASEMEIYT DESCRIPTION ?'HAT POR7'ION OF"BAXTER PARCEL NORTFi"OF CITY OF ftENTON LOT LINE AD7UST'MENT NO. LLJA-00-044, RECORDED JANUARY 5, 200I UNDER ItECORDING NO. 20Q10i05900005, IN KING COUNTY, WASHiNGTON, COIVTAINING l5,i 16 SQUARE FEET, MORE OR LESS, AND LYING WITHIN A STR3A OF LAND, VARYING IAf WIDTH, AND HAVIIVG A CENTERLTNE MORE PARTICUI.ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SA[D"BAXTER PARCEL NORTH"; THENCE SOUTH 30°3I'48"WEST 133.79 FEET ALONG THE LQNG CHORD QF A 54.OQ FOOT OFFSET TO A SPiRAL CURVE,SAID SP[RAL CURVE BEING'�EIE CENTERL)NE�F RIGHT OF WAY FOR THE NORTHERN PACIFIC RAIi.ROAD COMPANY; THENCE SOUTH 30°56'lb" WEST 479.51 FEET ALONG THE MOST EASTERI..Y LINE OF SAID "BAX'fER PARCEL NORTH", ALSO BEING TH$ 'WEST MARGIN QF RIGHT OF WAY FOR THE NORTHERid PACIFIC RATI.itOAD COMPANY, TO THE TRUE POM"1' OF BEGINNING OF SATll EASEMENT CENfERLiNE; THENCE NORTH 42°59'21" WEST 10.42 FEET ALONG SAID CENTERLINE OF A STRIP OF LAND 20.00 FEET IN W[DTii,HAVMG 10.00 FE�T OF SUCH WIDTH ON EACIi SIDE OF SAtD CENTERLINE; THENCE SQUTii 30°Sb'16"WEST 76.17 FEET AL4NG SAT}�CENTERLIAiE OF A STRIP OF LAND 26.SQ FEET 1N WCDTH HAVING ]0.60 FEET OF SLJCH WIDTFI EAST QF CEN7ERLINE,AND 16.SQ FEE'P OF SUCH WIDTH WEST OF CENTERLIi�IE; TiIENCE CONTINUI?dG 30UTH 30°56'16"WEST 28.09 FBET AI.ONG SAID CENTERLfNE OF A STRIP OF LAND 32.SU FEET IN WIDTH HAVING 10.00 FEET OF SUCH WIDTH EAST OF CENTERLINE,AND 22.50 FEET OF SUCH WlpTfi WEST OF CENTERLINE; THENCE NORTH 54°O1'34" WEST 601.35 FB�"I'ALONG SAlD CEN'FERLiNE OF A S"I'RIP OF LAND 20.00 FEET IN WIDTH,HAVlNG 30.40 FEET OF SUCH WIDTS ON EACH SIDE OF SAID CENTERLINE TO THE TERMINUS OF THiS EASEN�NT CEI+iTERLINE; SAID TBRMINUS BEIIVG SOUTH 73�30'43" V1�ST 898.80 FEET FROM THE POIN3'OF COMMENCHMENT; THE SIDELINES OF THlS EASE]V(ENT SHALL BE SO SI-10RTENED OR LE3JGTHENED SO AS TO MEET AT ANGLE P�TNTS; 51'TUATE IN GOVERNMENT LOTS 4, IN THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 24 T30R'fH,RANGE S EAST,W.fvt.,IN THE CiTY OF RETITON,K1NG COUNfY,WASHINGTOTf. c•�•: ---- - ..._. .� FOOTBALL N�RTIi WEST ,,;:�... ^�. �� _._ SAXTER PiLOPERTY - ,"-,-.,r�-�":�.��?; �,,.,"� ;! STEVEN A�f1TCHMGS,P.L.S. 1 ,'�� ' �:•� BRH JOB N0.96145.07 • F :�� ,�i ,.: MARCH 1 i�2008 �:_=, ' `"�` j r:•: :� +� " ---•'}.,�:•:•.,'� BUSH,ROEt�&HITCHINGS,INC. , �, " ��;•, i�, 2009 MINOR AV£NCTE EAST f';��''J� �' SEATTLE,WA 98102 :; �J,=�'' �.� (206}323�144 �D<'c� r,,i.� '":1i;�,� .s—�.''7�� :;y��,` �`l� .,.....::.. _ .. 1 EXHIBIT � � ' llMISTY COVE C�NDO�NINIt1M COINPLEX ; � 1 � ( % b y��'' sao•arsa•w ysaas• /; a,` �,. LONO CNQRD OF OFFSET . � L�� P�5 TO SPIRAL CURYE � � ��v �p�,� � O f. y�,Q`1g� ai ' L � G� ��G� �I ` �1°' U � y` 5,11. D Jt 0 � N 3 � � � a� ti '� 3� � � � 3 � m Q a OI, H Z � w ;' EXl57fNGHWIQIHG �+ S H 2 � O� x ) Narss•z�•w �' 1o.ar � r a rr '' OUTFALL h ; ' ' r ,o•...J�,�. o o « �r � .. « = „ � —�� _� N �� r � � }� ��'�`_�.._~',��-�`�' , 3 i / TERMINATiON ksarorsa-w �-'� �N I 801.35' � { 18,50'� �8,50' y 1 � � 120 60 0 120 � F+ SCALE �-c 120' 22.50'-.� � 10� �_ J o -•-�--�~'� � �.H�r � ��"'— _. �� W4,Ayi cti . R ~� y ~� � �� BUSH,ROED b FI17CHINGS,INC. GV1L ENGINEERS 6 L�WO SURYEYORS 2ppg N1�Npp AYE E �208)323-41a4 SFJIT{LE,WA 9810t�51� � iBRH JOB N0.96165.0 REVlSEO 3-1Y08 A� ��u��rb o�w�s t � � - STORM SEWER EASEMENT SKETCH PREPARED FOR: FOOTBALL NORTHWEST BAXTER PROPERTY PROJECT RENTON, WA