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Home My WebLink AboutA 20170907000025 � ' �II�I'��l i11��I!Ii�l�Ilii�EI�I��i Ili�l lil�l Ii��'ll��i�'f II�Illi 2Q 170907f�OQ02� RECORDING REQUESTED BY AND �S�p��Nr Rec:;86.00 WHEN RECORDED RETURN T0: 9��t2o178:0�aM �ci�c cou�urY,wa City Clerk City of Renton 1055 S. Grady Way Renton, Washington 98057 EXCISE TAX NOT REDUIRED wng Co.RAcxxds Di ' � B � Depuly AGREEMENT FOR TEMPORARY ACCESS EASEMENT REFERENCE NUMBER OF DOCUMENTASSIGNED OR RELEASED: 20140522001797 GRANTOR: Colpitts Sunset, LLC, a Washington limited liability company GRANTEES: 1. City of Renton, a Washington municipal corporation 2. King County Rural Library District d/b/a King County Library System Legal Description: Abbreviated form:A PORTION OF LOT A OF THE CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA- 13-001114, AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163, RECORDS OF KING COUNTY, WASHINGTON. Additional legal on page Exhibit C Assessor's Property Tax Parcel ID No(s).: 722780-1075 and 722780-1065 -1- Temporary Access Easement AGREEMENT FOR TEMPORARY ACCESS EASEMENT RECITALS WHEREAS, the CITY OF RENTON, a Washington municipal corporation, its successors and assigns ("City') owns real property (the "Property"), legally described in Exhibit A hereto, on which the KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM, its successors and assigns ("KCLS") operate a library (the "Library') in a building completed in 2016 with a party wall erected on the property line shared with the abutting real property owned by COLPITTS SUNSET, LLC, a Washington limited liability company ("Colpitts Sunset"); and WHEREAS, Colpitts Sunset granted an access easement to City and KCLS across a portion of Colpitts Sunset's abutting real property("Developer Property")which was recorded under King County Recording Number 201405220014797 (the "Original Easement"); and WHEREAS, the Developer Property is legally described in Exhibit B hereto; and WHEREAS, Colpitts Sunset, City, and KCLS all intended that vehicular access to and from both entrances of the Library's two-entrance parking garage would be provided over the Developer Property;and WHEREAS, Colpitts Sunset intends to develop the Developer Property with a mixed-use development (the "Mixed-Use Development") and extend a driveway for vehicular access to the Library's lower parking garage entrance that is compatible with the design of the Mixed-Use Development as reflected in permit application materials submitted to City; and WHEREAS, Colpitts Sunset, City, and KCLS have commenced and intend to continue good faith negotiations on the terms of a permanent access easement across a portion of the Developer Property to extend access easements rights to both entrances to the Library's lower parking garage entrance; and WHEREAS, the parties need additional time to negotiate the terms of the permanent easement, but Colpitts Sunset is willing to grant a temporary easement in the interim to allow access to and from the Library's lower parking garage entrance; and WHEREAS, Colpitts Sunset, City, and KCLS each and mutually intend that such temporary easement will terminate at the earlier of the recording of a permanent easement providing access to and from both of the Library's upper and lower parking garage entrances or the commencement of actual construction of the Mixed-Use Development; NOW,THEREFORE, the parties agree to the following. -2- Temporary Access Easement AGREEMENT 1. Temporary Easement: Colpitts Sunset hereby conveys and grants to City and KCLS a temporary, non-exclusive easement (the "Temporary Easement") over, under, in, along, across and upon that portion of the Developer Property which is legally described in Exhibit C and graphically depicted in Exhibit D, attached and incorporated herein, for the purpose of constructing, operating, and maintaining improvements providing vehicular access by members of the public traveling to and from both of the Library's upper and lower parking garage entrances. During the Term of this Temporary Easement, KCLS shall have sole responsibility for maintaining any improvements within the Temporary Easement and, if requested by Sunset Colpitts, for removing such improvements at the termination of the easement rights. Colpitts Sunset shall not erect any improvements or other potential obstacle within the Temporary Easement that could impair vehicular access over and across the same. 2. Term:The easement rights set forth in Section 1 shall commence on the date that this Agreement for Temporary Access Easement ("Agreement") is executed by Colpitts Sunset and shall expire on the earlier of the recording of a permanent easement that expressly revokes the rights created herein or the commencement of actual construction of the Mixed-Use Development, as reasonably determined by written notice from Colpitts Sunset provided in advance by at least seven (7) days. 3. Insurance: Prior to exercising its rights under this Agreement, KCLS shall obtain (and maintain until the termination of the Temporary Easement) a commercial general liability insurance policy in the amount of at least Five Million Dollars ($5,000,000) in the general aggregate, and Two Million Dollars ($2,000,000) per occurrence. Colpitts Sunset and City shall each be named as an additional insured under the insurance policy, specifically named as a Primary and Non-contributory additional insured, as specified by City policy. KCLS shail deliver to City and Colpitts Sunset, prior to the exercise of any rights under this Agreement, a certificate of insurance evidencing that the required insurance is in effect. All insurance policies required hereunder shall be maintained with an insurer with a current AM Best's Rating of at least"A VIII" or an equivalent industry rating and shall contain coverage for all persons and operations, broad form property damage (including, to the extent available that specifically assumed herein). Any policy which provides the insurance required under this paragraph shall: (a) be endorsed to be primary to any insurance maintained by the other parties; (b) shall contain a severability of interest provision in favor of the insured; and (c) contain a waiver of any rights of subrogation against City and Colpitts Sunset. Within thirty (30) days of renewal of the applicable policies, KCLS shall deliver to City and Colpitts Sunset an updated certificate of insurance. Neither the insurance required to be carried hereunder nor anything in this Agreement shall limit KCLS's, or any contractor's or other person's or entity's responsibility under the law or under this Agreement to City and/or Colpitts Sunset for damage to persons, land, buildings or property. 4. Indemnitv: KCLS shall indemnify, defend, and hold City, Colpitts Sunset, and their respective agents, employees, contractors, and invitees, harmless from any and all causes of -3- Temporary Access Easement action, claims, losses, liabilities, damages, costs and expenses (including, but not limited to reasonable attorneys'fees and costs)for injuries and/or damages suffered by any person and for any and all damage to property arising out of, related to, or in any way connected with activities of KCLS, its employees, agents, contractors, licensees, invitees, subcontractors or any other person claiming by or through KCLS performed in exercise or alleged exercise of the rights granted to KCLS under this Agreement. This indemnity obligation of KCLS shall survive expiration or other termination of this Agreement. 5. Covenant Runnin�with the Land:The parties to this Agreement acknowledge and agree that the rights and obligations conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns. IN WITNESS WHEREOF, City, KCLS and Colpitts Sunset have executed this Agreement as of the date and year first set forth below. [SIGNATURE PAGES FOLLOW.] -4- Temporary Access Easement GRANTOR: COLPITTS SUNSET, LLC, a Washington limited liability company By: Sunset Terrace Development LLC, a Washington limited liability company, its Manager By: Colpitts Development Company, LLC, a Washington limited liability company, its Manager �,.�-� �_� - J dith Colpitts Nielsen, Manager Date: F1�•2�.Zo/ -] STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this �� day of ., � 1— , 2017, before me,the undersigned, a Notary Public in and for the State of Was ington, duly commissioned and sworn personally appeared Judith Colpitts Nielsen, known to me to be the Manager of Colpitts Development Company, LLC, a Washington limited liability company, the Manager of Sunset Terrace Development LLC, a Washington limited liability company, the Manager of COLPITTS SUNSET, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. -5- Temporary Access Easement WITNESS my hand and official seal to affixed day and year in the certificate above written. ,,i`�y��PNi G'q�N�� Signature ♦ �� Q�r�ssiotv��cp�'i� • w :�' , • � `'�pJ�.-��1q�t`!.-S � sO� • = s�' NOTARY� � Print Name � NOTARY PUBLIC in and for the State of � cn: PUBLIC � ,..�" � �S t O.'Z� Washington, residing at C��\ � �"9j►'•.�o�,� o�� `� Mycommissionexpires ��1�� F •• � � � ��i��i WAS��``� flllll -6- Temporary Access Easement GRANTEES: CITY: CITY OF RENTON, a Washington municipal corporation By: Name: Denis Law Title: Mayor Date: o /2� � / STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this ��i� day of 1,t�'�,iS�, 2017, before me, the undersigned, a Notary Public in and for the State of"Washington, duly commissioned and sworn personally appeared Denis Law, known to me to be the Mayor ofTHE CITY OF RENTON,the municipal corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. \`��\t111�� ; ,�� pRA ,J. �, �� , L�-ti��. �l,''L'�--t� � P.a�,,..,�,,,,n,, �`� �i _ _ �=�\5g10NF�!q�� i��Signatur�, �' ; , � s�`l� OTAR �-p�'� % � G:.V�L�v� � ��r�.�1(� .: ? < �� c.) � � %" � • � �'; �rint Name � N�,�%,,� A�a�� I� aVOTARY PUBLIC in and for the State of �i��'�.�''+�''�9•��'r'��~`Washington, residing at �� 1K%1� . / �h�ua�a��``. t � ��h��`WASN\��.•` My commission expires lo�lh-7.a1`1 -7- Temporary Access Easement KCLS: KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM � By: ►vame: `-'�"eph�� A • S m �fh rtie: �n-�er�m Li brti�.��re��o r �ate: $� t'-I • ?.0 t 7 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this �'�� day of �v5� , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swor�personally appeared SrE��ti�! ''�� *,��7-Jknown to me to be the/k�� E��Y� of KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM("KCLS"), that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of KCLS, for the purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. `��tr�rii ��---�':� @--�-� ``��` p,MARI,� ��l, �' � p� N e �� Signature � `:'�\NZME l'•., ♦ x � � :Q� FF,o�� ]�4� �v't1Q./J4 �1�`t--1— ' � N�raRr p� � Print Name —•_ �: _ � N�:�- pUBUC : � NOTARY PUBLIC in and for the State of � ;�''F'�qRr2-r,'L°��'o� � Washington, residing at�-t/�/`��-�-�, � . ��i�F�'ti'ASH�N�'��`� My commission expires o! • Z�• /9 '��►�t1lt�� -8- Temporary Access Easement EXHIBIT A TO TEMPORARY ACCESS EASEMENT Le�al Description of Property Certain real property located in the City of Renton, King County, Washington, and more particularly described as follows: LOT B OF THE CITY OF RENTON LOT LINE ADJUSTMENT N0. LUA-13-001114,AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163, RECORDS OF KING COUNTY,WASHINGTON. EXHIBIT B TO TEMPORARY ACCESS EASEMENT Le�al Description of Developer Propertv Certain real property located in the City of Renton, King County, Washington and more particularly described as follows: LOT A OF THE CITY OF RENTON LOT LINE ADJUSTMENT N0. LUA-13-001114,AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163, RECORDS OF KING COUNTY,WASHINGTON. EXHIBIT C TO TEMPORARY ACCESS EASEMENT L�al Description of Temporary Easement Area THAT PORTION OF LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT LUA-13-001114 IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163, UNDER RECORDING NUMBER 20131002900011 RECORDS OF KING COUNTY, WASHINGTON; LYING, NORTHWESTERLY OF A LINE 106 FEET SOUTHEASTERLY AND PARALLEL TO THE NORTHWEST BOUNDARY, AND NORTHEASTERLY OF A LINE 44.08 FEET SOUTHWESTERLY OF THE NORTHEAST BOUNDARY OF SAID LOT. EXHIBIT D TO TEMPORARY ACCESS EASEMENT Map Depiction of Temporary Easement Area [See next page] - .: . �. . ,;_ ;. .�, . � . ._`�r � . . 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