HomeMy WebLinkAboutRES 4358CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4358
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY REGARDING DESIGN, CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE LAKE TO SOUND TRAIL, SEGMENT A. WITHIN RENTON
CITY LIMITS.
WHEREAS, the City and King County are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, King County is working cooperatively with the Cities of Renton and Tukwila to
construct what is known as Segment A of the Lake to Sound Trail, a segment of trail that will
traverse Renton's Black River Riparian Forest and connect to the Green River Trail in Tukwila; and
WHEREAS, the Lake to Sound Trail will become part of King County's Regional Trail
System, one of the nation's most extensive multi -use trail networks with more than 175 miles of
trails for recreation and non -motorized mobility and commuting; and
WHEREAS, Segment A will be a critical segment of the larger Regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound and will provide
recreational and health benefits to residents of the Cities of Renton and Tukwila; and
WHEREAS, by an interagency agreement, the City and King County will establish their
roles and responsibilities related to the portion of Segment A within City of Renton limits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with King County entitled Interagency Agreement Between King County and the City
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RESOLUTION NO. 4358
of Renton to Design, Construct, Operate and Maintain Lake To Sound Trail, Segment A, Within
Renton City Limits, attached hereto as Exhibit A and incorporated by this reference.
PASSED BY THE CITY COUNCIL this 19th day of November, 2018.
Jason. Seth, Cily Clerk
APPROVED BY THE MAYOR this this 19th day of NovembeA 2018.
Approved as to form:
Shane Moloney, City ttorney
RES.1772:10/31/18:scr
Denis Law, Mayor
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RESOLUTION NO. 4358
EXHIBIT A
INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE
CITY OF RENTON TO DESIGN, CONSTRUCT, OPERATE AND
MAINTAIN LAKE TO SOUND TRAIL, SEGMENT A, WITHIN
RENTON CITY LIMITS
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Resolution No. 4358 Exhibit A
INTERAGENCY AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
TO DESIGN, CONSTRUCT, OPERATE AND MAINTAIN
LAKE TO SOUND TRAIL, SEGMENT A, WITHIN RENTON CITY LIMITS
This Interagency Agreement ("Agreement") is made and entered into by and between
King County, a political subdivision of the State of Washington ("the County") and the
City of Renton, a municipal corporation of the State of Washington ("the City"),
regarding design, construction, ownership, operation and maintenance of the portion of
Segment A of the Lake to Sound Trail ("Segment A") that is within the City limits. The
County and the City are collectively referred to as "the Parties".
RECITALS
A. The County and the Cities of Renton and Tukwila are working cooperatively to
construct what is known as Segment A of the Lake to Sound Trail, a segment of trail that
traverses Renton's Black River Riparian Forest ("BRRF") and connects to the Green
River Trail in Tukwila.
B. The Lake to Sound Trail will become part of King County's Regional Trail System
("RTS"), one of the nation's most extensive multi -use trail networks with more than 175
miles of trails for recreation and non -motorized mobility and commuting.
C. Segment A will be a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound and will provide
recreational and health benefits to residents of the cities and the County.
D. The portion of Segment A within the City of Renton ("the Project") will be located
substantially within the BRRF owned by the City, the City Right of Way, specifically
Monster Road SW, on two parcels of property owned by King County, and on one parcel
of property within the City of Renton owned by the City of Tukwila. In addition, there
are two railroad corridors operated by the Union Pacific Railroad ("UPRR") and
Burlington Northern Santa Fe Railway ("BNSF") located at the border of the Cities of
Renton and Tukwila. The trail connection for Segment A passes underneath these two
railroad corridors to connect the Cities of Renton and Tukwila.
E. A portion of Segment A is located in the City of Tukwila. This Agreement governs
only those portions of Segment A located in the City of Renton.
F. The County is negotiating a trail easement with UPRR on behalf of the City of Renton
for that portion of trail that is located on land owned by UPRR in the City of Renton.
G. The County is negotiating a trail easement with BNSF on behalf of the City of
Tukwila for that portion of trail that is located on land owned by BNSF in the City of
Tukwila.
Renton —King County
Interagency Agreement Page 1 of 16
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Resolution No. 4358 Exhibit A
H. Under RCW 36.89.050, the County is authorized to construct a park or recreational
facility and transfer to a city the County's ownership interest in, and the operation and
maintenance obligations for, that facility, provided such transfer is subject to the
condition that the facility shall continue to be used for the same purposes or that other
equivalent facilities within the County shall be conveyed to the County in exchange
therefor.
I. The County has received $1,286,053 in Federal Highway Administration grant funds
and is also using County levy monies, pursuant to King County Ordinance 17941, for the
design and construction of Segment A.
J. After construction, the County wishes to convey ownership of the Project
Improvements to the City, with the exception of those improvements located on County
property including the pedestrian bridge across the Black River and City of Tukwila
property which will remain under County ownership, and the City is ready, willing and
able to own these improvements for use by the general public as a Regional Trail, for the
benefit of both City and County residents.
K. After completion of the Project Improvements and conveyance to the City, the
County will continue to operate and maintain Segment A.
L. The County is committed to implementing the King County Equity and Social Justice
Strategic Plan 2016-2022 ("ESJ" ). Providing funding for design and construction of the
Lake to Sound Trail, Segment A, and continuing to operate and maintain it after
completion, advances equity and is consistent with the goals, objectives and strategies of
ESJ.
M. The Parties intend by this Agreement to establish their respective rights, roles
and responsibilities related to the Project.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
Parties mutually agree as follows:
AGREEMENT
1. DEFINITIONS
For purposes of this Agreement, the following definitions shall apply.
1.1 Contract means the public works contract entered into between the County
and its Contractor for construction of Segment A.
Renton —King County
Interagency Agreement Page 2 of 16
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Resolution No. 4358 Exhibit A
1.2 Contractor means the individual, partnership, firm, corporation, or other
entity with whom the County has entered into the Contract for construction of Segment
A.
1.3 Final Acceptance means the date on which the County issues to the
Contractor a written notice indicating that they have performed all obligations under the
contract.
1.4 One Hundred Percent (100%) Review Submittal means the One Hundred
Percent Review Submittal drawings and specifications for Segment A prepared on behalf
of the County by Parametrix, Inc., dated December 2016.
1.5 Notice to Proceed means the written notice from the County to the
Contractor authorizing and directing the Contractor to proceed with the construction of
Segment A.
1.6 Permits means any or all federal, state, and local government permits,
licenses or other regulatory approvals needed for Segment A; and a construction permit
from UPRR to construct a portion of Segment A on property owned by UPRR along the
Black River. The term "Permits" does not include a lease from UPRR.
1.7 Project means the portion of Segment A within the boundaries of the City,
including the portion of Segment A located on the City's Real Property, Right of Way,
the County's Real Property, the UPRR Easement Area and the mitigation area adjacent to
the trail on property owned by the City.
1.8 Project Improvements means all physical aspects of the Project including,
but not limited to the following and their components: curbing, catch basins, drains,
inlets, piping, conduits, trenches, asphalt, concrete, signage, striping, electrical
components, signals, control boxes, fencing, lighting, base materials, bollards, markers,
driveways, covers, frames, railing, retaining walls, bridges, abutments, rebar, wire fabric,
landscaping and vegetation planted on site for mitigation purposes.
1.9 City's Real Property means the real property encompassed within parcel
numbers 3779200119, 3779200118, 3779200117, 3779200116, 1323049024,
1323049012, 1323049088 and 1323049089 owned by the City as legally described in
Exhibit A, subject to the encroachments and other limitations and restrictions identified
in the attached Exhibit H.
1.10 County's Real Property means the real property encompassed within
parcel numbers 3779200090 and 7229500281 owned by the County.
1.11 Regional Trail means a regionally significant, shared -use trail accessible
to the general public on which bicycling, walking, hiking, running, skating, and other
non -motorized uses are allowed, which provides recreational opportunities and enhances
regional mobility.
Renton —King County
Interagency Agreement Page 3 of 16
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Resolution No. 4358 Exhibit A
1.12 Right of Way or ROW means that portion of the City's Monster Road SW
Right of Way upon which the Project Improvements are located and as shown in Exhibit
B.
1.13 Segment A means the design, public involvement, environmental review,
permitting, construction, ownership, operation and maintenance of a Regional Trail
extending east from the Green River Trail Bridge #2405-2 in Fort Dent Park through the
BRRF to Naches Ave SW in Renton. It also includes an area identified for wetland
buffer mitigation in the BRRF, owned by Renton and the acquisition (facilitated by King
County) by the City of Renton of a permanent trail easement from UPRR for property
owned by UPRR that is required for the trail connection into Tukwila. The boundaries of
Segment A are shown in the One Hundred Percent (100%) Review Submittal.
1.14 Substantial Completion means the stage in the progress of the work under
the Contract where the County has full and unrestricted use and benefit of the facilities
for the purpose intended, both from the operational and safety standpoint, all the initial
plantings are completed, all the systems and parts of the Contract work are functional,
utilities are connected and operate normally, and only minor incidental work,
replacement of temporary substitute facilities, plant establishment periods, or correction
or repair remains to complete all Contract requirements.
2. DESIGN & PERMITTING
2.1 Design. The County has provided the City with the One Hundred Percent
(100%) Review Submittal Design Drawings, which the City has reviewed and
commented on. The County has responded to some of the City's comments and will
respond to other City comments at a later date. With the exception of the matters for
which the City has not yet received responses, the City hereby accepts as noted with plan
review comments, and which are incorporated herein by reference. The County will be
solely responsible for finalizing the design documents for Segment A, obtaining the
necessary input and approvals from Washington State Department of Transportation
("WSDOT"), and constructing the trail according to the approved design, including
changes in scope as described in Paragraph 5.7.
2.2 Plans and Specifications. The County shall provide the City with a copy
of the plans and specifications to be advertised for bid and an electronic file of the
Contract documents.
2.3 Permitting and Environmental Review. The City shall be the lead agency
for Segment A under the State Environmental Policy Act ("SEPA"). The County shall
apply, or require its Contractor to apply, for all Permits. To the extent the City's
signature on applications or other involvement, as the owner of the Real Property and as
holder of Right of Way interests on other Real Property on which the Project is being
constructed, is required, the City agrees to cooperate with the County and/or its
Contractor as necessary to obtain the Permits. The County shall be responsible for the
monitoring, reporting, and any required corrective actions for wetland mitigation
Renton —King County
Interagency Agreement Page 4 of 16
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Resolution No. 4358 Exhibit A
associated with the Project for the length of time required by any Permit. The County or
the Contractor shall submit a Notice of Termination for the Construction Stormwater
General National Pollutant Discharge Elimination System ("NPDES") Permit to the
Washington State Department of Ecology prior to Final Acceptance.
2.4 City Permits. The County shall submit pedestrian and vehicle Temporary
Traffic Control Plans ("TTC Plans") to the City for review and approval prior to invasive
occupancy of City Real Property and Right of Way. City approval shall not be
unreasonably withheld. The County shall immediately correct any deficiencies noted by
the City in the TTC Plans or their field implementation. The City has made a
determination that the Project requires the following permits: Shoreline Substantial
Development, Shoreline Conditional Use, Shoreline Variance, Construction, and
Building Permits and these Permits have been issued to the County, subject to execution
of this Agreement.
2.5 Underpass Agreement. The County shall take all actions necessary to
obtain an agreement with UPRR granting the County and City temporary access for
construction and permanent access for operation and maintenance of the
Project. UPRR's Structures Department has approved use of its property for the Project
and the construction and maintenance terms have not yet been finalized. The County
agrees that after completion of the Project, the County shall transfer all rights acquired
from UPRR to the City as part of the transfer of Project Improvements covered in Section
6.2 (e).
3. ACCESS & ENCROACHMENTS
3.1 The City hereby grants to the County and its employees, agents,
representatives, invitees, consultants, contractors and subcontractors performing work on
behalf of the County the following access rights to the City's Real Property and to the
ROW interests (collectively, the City's Real Property and ROW are "City's Properties"):
(a) The non-exclusive right and license to enter onto City's Properties
to analyze, assess, investigate, inspect, measure, survey, study and gather information for
purposes of design, permitting and construction of the Project, including but not limited
to completing borings and other subsurface investigations. This right and license shall
begin upon the effective date of this Agreement and continue until Final Acceptance.
(b) The exclusive right and license to enter onto, and take actions on
the City's Properties necessary for construction of the Project and completion of the
Contract. This right and license shall begin upon the County's issuance of the Notice to
Proceed and continue until Final Acceptance. This right and license shall not be
exclusive of the City's right to enter the properties for the purposes of inspections or
other actions necessary to implement this Agreement, or for any other purpose, provided
that the City's entry onto the property shall not impair, impede or delay construction of
the Project, unless it is to correct a condition that represents an immediate threat to public
safety.
Renton —King County
Interagency Agreement Page 5 of 16
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Resolution No. 4358 Exhibit A
(c) The non-exclusive right and license to enter onto City's Real
Property and take actions necessary to fulfill the County's post -construction wetland
monitoring, reporting, and corrective action obligations under Paragraph 2.3 and as
further described in Exhibit C. This right of entry shall begin upon Final Acceptance
and continue in effect until the County's obligations under Paragraph 2.3 have been fully
completed.
(d) The non-exclusive right and license to enter onto City's Real
Property, and take actions necessary to fulfill the County's maintenance and operations
obligations under Paragraph 7.1 and as further described in Exhibit D. This right of
entry shall begin upon Final Acceptance and continue in perpetuity unless amended by
agreement of the Parties.
(e) The access rights set out in Paragraphs 3.1(a-d) are irrevocable
during their respective terms and are not subject to modification by the City through
Permits or otherwise without the express written agreement of the County.
3.2 The County and the City are not aware of any physical encroachments,
improvements or other structures ("Encroachments") on City's Properties. However, if
Encroachments within the boundaries of construction are identified at the time of
construction of the Project and the Encroachments will interfere with construction of the
Project, the City shall take all actions necessary to remove such Encroachments prior to
the date the County issues the Notice to Proceed. Any such Encroachments that the City
does not intend to be disposed of (for example, Encroachments that will be salvaged or
impounded) must be removed by the City. The County shall notify the City 60 days prior
to advertising the Contract for bid. If the City wishes the County's Contractor during
construction to remove certain Encroachments that are to be disposed of, on behalf of the
City, the City shall provide the County with written notice specifically describing any
such Encroachments no later than 30 days prior to the date the County advertises the
Contract for bid.
3.3 The City hereby represents and warrants to the County that it holds fee
simple title to the City's Real Property and that it has the legal authority to remove
Encroachments on City's Properties. The City hereby further represents and warrants that
in Exhibit H it has disclosed the known easements, covenants, restrictions,
encumbrances or defects on or to the title of the City's Real Property. The City has
determined that its rights in the City's Properties are sufficient to allow the County and
the City to perform their respective obligations under this Agreement.
3.4 If the County's Contractor removes Encroachments in accordance with the
City's direction under Paragraph 3.2, the City shall protect, defend, indemnify and save
harmless the County, its officers, officials, employees, agents, Contractor and
subcontractors, while acting within the scope of their employment as such, from any and
all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages
arising from removal of said Encroachments except to the extent caused by the
Renton —King County
Interagency Agreement Page 6 of 16
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Resolution No. 4358 Exhibit A
negligence of the County, its officers, officials, employees, agents, Contractor and
subcontractors.
4. EASEMENTS
4.1 Temporary Construction Easement. The City has granted a Temporary
Construction Easement ("TCE") to the County allowing construction of the Project on the
City's Real Property. The City waived its right to appraisal and donated this easement.
The TCE is attached as Exhibit E.
4.2 UPRR Permanent Trail Easement. The County shall continue to use its
reasonable best efforts to obtain a permanent trail easement from UPRR that allows the
County and its Contractor and other agents to design and construct Segment A as a
Regional Trail on UPRR Real Property in accordance with this Agreement, and that
allows the County to operate and maintain the Project in accordance with the obligations
and requirements of this Agreement, and that is in all other respects consistent with the
terms of this Agreement. Until the easement is obtained, no less than quarterly the
County shall provide the City with an update on the County's efforts to obtain the
easement.
5. CONSTRUCTION
5.1 The County shall be responsible for construction of the Project, including
Contract procurement, and shall provide the necessary engineering, administrative,
inspection, clerical and other services necessary for the construction of the Project.
5.2 The County shall advertise the Contract in the official legal publication for
the County and if necessary other publications, consistent with applicable laws and
regulations.
5.3 The County shall open the bids and shall notify the City of the time and
date of the bid opening, which is typically three weeks after the bid is advertised. The
City may attend the opening of the bids.
5.4 The County shall award the Contract to the lowest, responsive, responsible
bidder for Segment A, subject to applicable laws and regulations.
5.5 The County shall require that the City be included as an additional insured
on all of the Contractor's insurance policies and that the City be included as a party
indemnified by the Contractor in the Contract's indemnification provisions and receive
the same indemnification protection as the County. Policy coverage limits shall match or
exceed those specified in the edition current at the time of bid of the WSDOT/American
Public Works Association ("APWA") Standard Specifications for Road, Bridge and
Municipal Construction.
Renton —King County
Interagency Agreement Page 7 of 16
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Resolution No. 4358 Exhibit A
5.6 The City may furnish an inspector, at the City's sole expense, to monitor
compliance with the Contract plans and specifications during the construction of the
Project. The City's inspector shall advise the County in writing of any deficiencies
noted. Deficiencies shall be limited to items that the inspector believes are out of
compliance with the Contract plans and specifications and the City's inspector shall cite
the plan sheet number or specification that she or he considers to be at issue in the
deficiency. The City's inspector shall also provide a written description of the remedy
the inspector believes is necessary for each deficiency cited. If the City inspector
determines that there is an unsafe traffic control condition at a City controlled
intersection or if there is an immediate threat to public safety posed by the Contractor's
actions, the City inspector has the authority to take immediate action, including directing
the Contractor to take certain actions, in order to address the safety concern. With regard
to all other matters identified by the City inspector, the City inspector shall not have
authority to direct the work of the Contractor and shall not instruct the Contractor directly
on any matters.
5.7 The County will hold weekly construction meetings with its Contractor.
The City, at its option, may have its inspector or other representative attend the meetings.
The City may provide the County with its preferences concerning any significant
proposed changes in the scope of the work to be performed under the Contract at the
weekly meetings, but as between the Parties, any changes in scope are subject only to the
County's approval.
5.8 The County shall update the City on its progress in constructing the
Project in its weekly construction meetings.
5.9 After the Contractor notifies the County in writing that Segment A is
substantially complete, the Parties shall perform a mutual inspection of the Project. The
City may provide a written deficiency list to the County within five (5) working days
after this inspection. The list shall contain only construction deficiencies that the City
believes are out of compliance with the Contract plans and specifications. The City shall
cite the plan sheet number or specification that it considers to be at issue in the deficiency
and provide a written description of the remedy the City believes is necessary for each
deficiency cited.
5.10 The County shall, in its sole discretion, determine whether Substantial
Completion has occurred under the Contract. After the County provides the Contractor
with notice that Substantial Completion has occurred and the Contractor indicates to the
County that all physical work required by the Contract is complete, the Parties shall
perform a mutual final inspection of the Project. The City may provide a written
deficiency list or punch list to the County within five (5) working days after the final
inspection. The list shall contain only construction deficiencies that the City believes are
out of compliance with the Contract plans and specifications. The City shall cite the plan
sheet or specification that it considers to be at issue in the deficiency and provide a
written description of the remedy the City believes is necessary for each deficiency cited.
The County will ensure that all items on the punch list are completed and provide the
Renton —King County
Interagency Agreement Page 8 of 16
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Resolution No. 4358 Exhibit A
City with the opportunity to conduct a final physical inspection. The City shall respond
in writing to the County whether the punch list items have been satisfied. The County
shall not issue a letter of Final Acceptance to the Contractor until the City has confirmed
the punch list is complete.
5.11 Final Acceptance of the Project shall be by the County, in its sole
discretion.
5.12 The County represents to the City that it will require its Contractor in
performing work under the Contract to comply with all applicable rules, regulations,
statutes and ordinances.
5.13 The County will administer and enforce all warranties in the Contract up
until assignment of the warranties to the City pursuant to Paragraph 6.2(e).
6. PROJECT CLOSEOUT AND OWNERSHIP
6.1 Within 60 days of the date of Final Acceptance, the Parties shall execute
and the City shall record the Restrictive Covenant in substantially the form set forth in
Exhibit F, which covenant shall run with the land.
6.2 Within 60 days of completion of the obligations in Paragraph 6.1 or such
additional time as may be required to close out the Contract, the County shall perform the
following obligations:
(a) Deliver to the City project record drawings for Segment A;
(b) Collect and provide to the City a copy of any warranties or other
information and materials in the County's possession that relate to the use, operation and
maintenance of the Project Improvements;
(c) Provide to the City unconditional lien releases that the Contractor
has collected from all of its consultants, subcontractors and vendors;
(d) Collect and provide copies of certificates obtained from the
Department of Revenue, the Employment Security Department, and the Department of
Labor and Industries that all taxes, increases, and penalties due from the Contractor, and
all taxes due and to become due with respect to such Contract, have been paid in full or
that they are, in each department's opinion, readily collectible.
(e) Execute and record a quit claim bill of sale conveying to the City
all of the County's rights, title and interest to the Project Improvements located on or
within the City's Real Property and ROW, and UPRR's Property, as is, where is ("Bill of
Sale"), which is in substantially the form set forth in Exhibit G. The County shall retain
ownership of the Project Improvements located on the County's Real Property (e.g. new
pedestrian bridge and associated appurtenances).
Renton —King County
Interagency Agreement Page 9 of 16
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Resolution No. 4358 Exhibit A
(f) Execute an assignment of the Contract warranties and an
assignment of the warranties in the Agreement for Professional Services for Lake to
Sound Trail Design, Contract No. E00178EI0, between King County and Parametrix in
favor of the City, with respect to the Project, with the exception of those Contract
warranties that apply to the portions of Segment A located on the County's Real
Property, except as provided in Paragraph 10.2; and
(g) Assign to the City the County's right to assert any claim it may
have against the Contractor or against Parametrix under Contract No. E00178E10 arising
out of or related to Project work, with the exception of those portions of Segment A
located on the County's Real Property, and except as provided in Paragraph 10.2.
6.3 Unless otherwise mutually agreed to by the Parties in writing, the Project
shall not be accessible and open to the public until the obligations in Paragraphs 6.1 and
6.2 have been fulfilled.
6.4 The City agrees that as long as the Restrictive Covenant described in
Section 6.1 remains in effect, Segment A shall continue to be used in perpetuity for a
Regional Trail and shall not be converted to a different use.
6.5 Notwithstanding Section 6.4, the City plans to widen Monster Road SW
and reserves the right to modify and/or relocate the Regional Trail crossing across
Monster Road SW. The County agrees that, based on the publicly available information
set forth in the City of Renton Department of Public Works Transportation Systems
Division 2017-2022 Six -Year Transportation Improvement Program, this widening
project will not violate the terms of the Restrictive Covenant attached as Exhibit F. The
City agrees to provide the County written notice and opportunity to review and comment
on the City's design for this project, and to reconstruct the trail crossing in accordance
with American Association of State Highway and Transportation Officials and/or
WSDOT published standards to facilitate the trail use purposes under RCW 36.89.050.
The City will own, operate and maintain the signal at the City's sole discretion.
6.6 The City agrees that Segment A, including the City's Real Property and
ROW, or any portion thereof, shall not be transferred or conveyed except by agreement
providing that such lands shall continue to be used for a Regional Trail.
6.7 The City agrees that it will not limit or restrict access to and use of
Segment A, including the City's Real Property and ROW by non -City residents in any
way that does not also apply to City residents.
6.8 The City agrees that any and all user fees charged for use of Segment A,
including charges imposed by any lessees, concessionaires, service providers, and/or
other assignees shall be at the same rate for non -City residents as for the residents of the
City.
Renton —King County
Interagency Agreement Page 10 of 16
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Resolution No. 4358 Exhibit A
6.9 The City agrees that it shall place the covenants in Paragraphs 6.4, 6.6, 6.7
and 6.8 in any deed transferring any portion of the City's Real Property.
7. OPERATIONS, MAINTENANCE AND LONG TERM OBLIGATIONS
7.1 After Final Acceptance, the County shall maintain the Project
Improvements and operate that portion of Segment A within the boundaries of the
City. For purposes of this section, "maintain" and "operate" includes the maintenance
and operation activities identified and described in Exhibit D. The City is solely
responsible for all maintenance and operations activities not identified and described, or
specifically excluded in Exhibit D and all maintenance and operations activities that are
not associated with the trail improvements, including the pedestrian activated signal for
crossing Monster Road SW.
7.2 The County maintenance and operations activities shall be limited to the
area shown in Exhibit D and generally described as a thirty foot corridor fifteen feet to
either side on the trail center line.
8. PROJECT FUNDING
8.1 The County shall provide funding for design, construction, operations and
maintenance of the Project.
8.2 The City shall provide funding for all of the City's obligations or activities
under or related to this Agreement from the time of execution of this Agreement forward,
including but not limited to construction inspection pursuant to Paragraph 5.6, other
administration or implementation expenses, and on all maintenance and operation
activities except those identified in Exhibit D.
9. CONDITIONS PRECEDENT TO PROJECT DEVELOPMENT
9.1 The County's obligations related to finalizing design, permitting and
construction of the Project under Sections 2 through 6 of this Agreement, and providing
funding for same, are expressly subject to and contingent upon all of the following
conditions precedent being satisfied to the County's satisfaction in its sole discretion (the
"Project Conditions"):
(a) An Interagency Agreement being approved by the legislative
authority of the City of Tukwila and executed by Tukwila and the County for the design,
construction, operation and maintenance of the portion of Segment A that is within the
City of Tukwila.
(b) The County, on behalf of the City of Tukwila, obtaining an
executed permanent trail easement from BNSF on terms acceptable to the County.
Renton —King County
Interagency Agreement Page 11 of 16
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Resolution No. 4358 Exhibit A
(c) The County, on behalf of the City of Renton, obtaining an
executed permanent trail easement from UPRR on terms acceptable to the County.
(d) The County and/or its Contractor obtaining all Permits necessary
for Segment A.
9.2 If the County, in its sole discretion, determines that the Project Conditions
have not been satisfied, the County shall notify the City in writing, and neither Party shall
have any further rights or obligations under this Agreement and this Agreement shall
terminate.
10. LIABILITY
10.1 Each Party shall protect, defend, indemnify and save harmless the other
Party, its officers, officials, employees and agents while acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses, penalties,
judgments, and/or damages of whatsoever kind ("Claims") arising out of, or in
connection with, or incident to the breach of any warranty under this Agreement or the
exercise of any right or obligation under this Agreement by the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise out of or
result from the other Party's own negligent acts or omissions. Each Party, agrees that it is
fully responsible for the acts and omissions of its own contractors and franchisees, their
employees and agents, acting within the scope of their employment as such, as it is for
the acts and omissions of its own employees and agents. Each Party agrees that its
obligations under this paragraph extend to any Claim brought by or on behalf of the other
Party or any of its employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under Washington's
Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the
extent necessary to provide the indemnified Party with a full and complete indemnity of
Claims made by the indemnitor's employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them. Nothing in this
Paragraph 10.1 modifies or limits in any way the City's obligations in Paragraph 3.4.
10.2 The County's obligations in Paragraph 9.1 terminate upon the date the
County fulfills all its obligations in Paragraph 6.2 ("Closeout Date"), with the exception
of Claims filed with the clerk of the County Council under King County Code ("K.C.C.")
2.21.070 or served on the clerk of the County Council under K.C.C. 2.04.010 prior to the
Closeout Date or contract claims reserved under the terms of the applicable construction
or design contract by the Contractor or by the County's design contractor, Parametrix, at
the time of Final Acceptance of the applicable contract ("Reserved Claims"). If the
County determines that Reserved Claims will exist at the Closeout Date, the County may,
in its sole discretion, choose not to assign its contract warranties and/or its claims against
the County's contractors under Paragraphs 6.2(f) and 6.2(g).
10.3 To the extent this Agreement is construed to be subject to RCW 4.24.115,
the City's duties under this paragraph will extend only to the maximum extent permitted
Renton —King County
Interagency Agreement Page 12 of 16
12
Resolution No. 4358 Exhibit A
by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. The
foregoing indemnity is specifically and expressly intended to constitute a waiver of the
City's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects
the County only, and only to the extent necessary to provide the County with a full and
complete indemnity of claims made by the indemnitor's employees. The Parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
11. INSURANCE
11.1 Each Party shall maintain, for the duration of each Party's liability
exposures under this Agreement, self-insurance against claims for injuries to persons or
damage to property, which may arise from or in connection with performance of the work
hereunder by each Party, their agents, representatives, employees, contractors or
subcontractors.
11.2 King County, a charter county government under the constitution of the
State of Washington, maintains a fully funded Self -Insurance program as contemplated in
King County Code chapter 2.21 for the protection and handling of the County's liabilities
including injuries to persons and damage to property. The City acknowledges, agrees
and understands that the County is self -funded for all of its liability exposures and that
the County's self-insurance program meets the requirements of paragraph 10.1. The
County agrees, at its own expense, to maintain, through its self -funded program, coverage
for all of its liability exposures for this Agreement. The County agrees to provide the
City with at least 30 days prior written notice of any material change in the County's self -
funded program and will provide the City with a certificate of self-insurance as adequate
proof of coverage. The City further acknowledges, agrees and understands that the
County does not purchase Commercial General Liability insurance and is a self -insured
governmental entity; therefore the County does not have the ability to add the City as an
additional insured.
11.3 The City is self -insured and will meet the requirements of paragraph 11.1.
The City agrees, at its own expense, to maintain reserves or insurance coverage for all of
its liability exposures for this Agreement. The County further acknowledges, agrees and
understands that the City does not purchase Commercial General Liability insurance and
is self -insured; therefore the City does not have the ability to add the County as an
additional insured. The City participates in the State's worker's compensation program.
12. EFFECTIVE DATE/DURATION
12.1 This Agreement shall be effective upon signature by both Parties.
12.2 Unless expressly stated otherwise in this Agreement, the terms, covenants,
representations and warranties contained herein shall continue in force unless both Parties
mutually consent in writing to termination of this Agreement.
13. AUDITS AND INSPECTIONS
Renton —King County
Interagency Agreement Page 13 of 16
13
Resolution No. 4358
Exhibit A
13.1 Until six (6) years after the effective date of this Agreement, unless the
Agreement is terminated under Paragraph 9.2, any of either Parry's records related to any
matters covered by this Agreement not otherwise privileged shall be subject to
inspection, review, and/or audit by either Party at the requesting Party's sole expense.
Such records shall be made available for inspection during regular business hours within
a reasonable time of the request.
14. NOTICE
14.1 Any notice provided for herein shall be sent to the respective Parties at:
King County: City of Renton:
Director's Office
King County Department of Natural
Resources and Parks
Rm 700, King Street Center
201 S. Jackson Street
Seattle, WA 98104
With a copy to:
King County Prosecuting Attorney's
Office
Attn: Chief Civil Deputy
516 Third Avenue W400
Seattle, WA 98104
15. MISCELLANEOUS PROVISIONS
Administrator, Community Services
Parks and Trails Division
City of Renton
1055 South Grady Way
Renton, WA 98057
With a copy to:
Renton City Attorneys
1055 South Grady Way
Renton, WA 98057
15.1 Waiver. Waiver of any breach of any term or condition of this Agreement
shall not be deemed a waiver of any prior or subsequent breach. No term or condition
shall be waived, modified or deleted except by an instrument, in writing, signed by the
Parties hereto.
15.2 Force Majeure. If either Party cannot perform any of its obligations due to
events beyond its reasonable control, the time provided for performing such obligations
shall be extended by a period of time equal to the duration of such events. Events beyond
a Party's reasonable control include, but are not limited to, acts of God, war, civil
commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or
materials, government regulations or restrictions, lawsuits filed challenging one or more
Permits or other agreements necessary for implementation of the Project, and weather
conditions.
Renton —King County
Interagency Agreement Page 14 of 16
14
Resolution No. 4358
Exhibit A
15.3 Joint Drafting Effort. This Agreement shall be considered for all purposes
as prepared by the joint efforts of the Parties and shall not be construed against one Party
or the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution hereof.
15.4 Third Party Beneficiaries. Nothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
the City and the County, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the City and the County and not
for the benefit of any other Party.
15.5 Exhibits. All Exhibits referenced in this Agreement are incorporated by
reference as if fully set forth.
15.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated herein are excluded.
15.7 Amendment. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
15.8 Relationship of the Parties. The Parties execute and implement this
Agreement as separate entities. No partnership, joint venture or joint undertaking shall
be construed from this Agreement.
15.9 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington.
15.10 Survivability. The provisions of Paragraph 3.4 and Section 10 shall
survive termination of this Agreement.
15.11 Authority. Each Party executing this Agreement represents that the Party
has the authority to execute the Agreement and to comply with all terms of this
Agreement.
Exhibits
Exhibit A: Legal Description for City of Renton Lake to Sound Trail Interagency
Agreement
Exhibit B: Legal Description for Monster Road SW, Right of Way Lake to Sound
Trail Interagency Agreement
Exhibit C: Lake to Sound Trail Segment A - Wetland Mitigation Maintenance
Agreement
Exhibit D: Lake to Sound Trail Segment A - Operations and Maintenance Agreement
Exhibit E: Temporary Construction Easement and Amendment to Temporary
Construction Easement
Renton —King County
Interagency Agreement Page 15 of 16
15
Resolution No. 4358
Exhibit A
Exhibit F: Form of Restrictive Covenant — Lake to Sound Trail Segment A
Restrictive Covenant
Exhibit G: Form of Bill of Sale — Lake to Sound Trail Segment A Quit Claim Bill of
Sale
Exhibit H: Encumbrances on City's Real Property — Lake to Sound Trail Project
IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of
the date last written below.
KING COUNTY
for
DOW CONSTANTINE
King County Executive
Date
APPROVED AS TO FORM:
Deputy Prosecuting Attorney
CITY OF RENTON
DENIS LAW
Mayor
Date
ATTEST:
Jason A. Seth, City Clerk
Date
APPROVED AS TO FORM:
City Attorney
Date Date
Renton —King County
Interagency Agreement Page 16 of 16
16
Resolution No. 4358 Exhibit A
EXHIBIT A
LEGAL DESCRIPTION FOR CITY OF RENTON
LAKE TO SOUND TRAIL INTERAGENCY AGREEMENT
AN AREA OF LAND LYING WITHIN THOSE PARCELS DESCRIBED IN DEEDS FILED UNDER KING
COUNTY RECORDING NO.'S 199205201349, 199406302135 AND 199301130109 ALL LOCATED IN
THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 87027'18" EAST A DISTANCE OF 2692.79
FEET; THENCE NORTH 33°47'56" EAST A DISTANCE OF 424.76 FEET TO THE SOUTHWESTERLY
CORNER OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO.
199205201349 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF
LAND;
THENCE NORTH 34020'52" WEST ALONG THE WEST LINE OF SAID PARCEL DESCRIBED IN DEED
FILED UNDER KING COUNTY RECORDING NO. 199205201349 A DISTANCE OF 43.59 FEET;
THENCE ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER
RECORDING NO. 199205201349 THROUGH THE FOLLOWING FIFTEEN (15) COURSES:
1) ALONG A 696.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS
NORTH 06031'06" WEST THROUGH A CENTRAL ANGLE OF 3047'52" FOR AN ARC LENGTH
OF 46.13 FEET;
2) ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 11 024'08" FOR AN ARC LENGTH OF 209.95 FEET;
3) ALONG A 727.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A CENTRAL
OF 16055'35" FOR AN ARC LENGTH OF 214.77 FEET;
4) ALONG A 1571.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 07032'02" FOR AN ARC LENGTH OF 206.57 FEET;
5) NORTH 43049'17" EAST A DISTANCE OF 271.00 FEET;
6) ALONG A 4030.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
2048'32" FOR AN ARC LENGTH OF 197.57 FEET;
7) ALONG A 1853.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6001'18" FOR AN ARC LENGTH OF 194.75 FEET;
8) ALONG A 10,543.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1 000'49" FOR AN ARC LENGTH OF 186.51 FEET;
9) ALONG A 1657.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6042'20" FOR AN ARC LENGTH OF 193.93 FEET;
10) ALONG A 6738.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1 °40'54" FOR AN ARC LENGTH OF 197.76 FEET;
11) ALONG A 1768.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6018'06" FOR AN ARC LENGTH OF 194.45 FEET;
12) ALONG A 8603.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1 °21'44" FOR AN ARC LENGTH OF 204.54 FEET;
13) ALONG A 1922.12 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 5019'42" FOR AN ARC LENGTH OF 178.75 FEET;
14) ALONG A 2814.93 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 13025'22" FOR AN ARC LENGTH OF 659.45 FEET;
15) ALONG A 1165.09 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 7°48'53" FOR AN ARC LENGTH OF 158.91 FEET;
17
Resolution No. 4358 Exhibit A
THENCE LEAVING SAID NORTH LINE ALONG A 705.08 FOOT RADIUS COMPOUND CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS SOUTH 08050'27" WEST THROUGH A CENTRAL ANGLE
OF 68057'31" FOR AN ARC LENGTH OF 848.60 FEET; THENCE SOUTH 12°01'39" EAST A
DISTANCE OF 238.86 FEET; THENCE SOUTH 77°33'04" WEST A DISTANCE OF 68.24 FEET;
THENCE NORTH 14022'42" WEST A DISTANCE OF 380.72 FEET; THENCE ALONG A 657.23 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 62025'59" WEST THROUGH
A CENTRAL ANGLE OF 73033'25" FOR AN ARC LENGTH OF 843.76 FEET; THENCE SOUTH
81°19'59" WEST A DISTANCE OF 578.49 FEET; THENCE SOUTH 66°10'44" WEST A DISTANCE OF
818.79 FEET; THENCE SOUTH 32°07'55" EAST A DISTANCE OF 631.59 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING NO. 199301130109; THENCE SOUTH 41 °16'15" WEST ALONG SAID SOUTH LINE A
DISTANCE OF 316.16 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE ALONG A 627.46
FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 39041'39" WEST
THROUGH A CENTRAL ANGLE OF 27058'19" FOR AN ARC LENGTH OF 306.33 FEET; THENCE
LEAVING SAID SOUTH LINE NORTH 00000'00" EAST A DISTANCE OF 380.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING NO.199205201349; THENCE NORTH 78041'16" WEST ALONG SAID SOUTH LINE OF
THE PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO.199205201349
A DISTANCE OF 57.74 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 37034'36" WEST A
DISTANCE OF 74.46 FEET; THENCE ALONG A 1965.00 FOOT RADIUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 37034'36" EAST THROUGH A CENTRAL ANGLE OF 3024'24"
FOR AN ARC LENGTH OF 116.84 FEET; THENCE SOUTH 49°00'59" WEST A DISTANCE OF 318.31
FEET; THENCE ALONG A 465.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 25020'24" FOR AN ARC LENGTH OF 205.65 FEET; THENCE ALONG A 385.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 12052'29" FOR AN
ARC LENGTH OF 86.51 FEET TO A POINT ON SAID SOUTH LINE OF THE PARCEL DESCRIBED IN
DEED FILED UNDER KING COUNTY RECORDING NO.199205201349; THENCE SOUTH 59053,55"
WEST ALONG SAID SOUTH LINE A DISTANCE OF 159.28 FEET; THENCE CONTINUING ALONG
SAID SOUTH LINE SOUTH 74013'27" WEST A DISTANCE OF 443.93 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 13.43 ACRES, MORE OR LESS;
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Resolution No. 4358 Exhibit A
EXHIBIT B
LEGAL DESCRIPTION FOR MONSTER ROAD SW, RIGHT OF WAY
LAKE TO SOUND TRAIL INTERAGENCY AGREEMENT
AN AREA OF LAND BEING PORTION OF THE MONSTER ROAD SW RIGHT OF WAY LOCATED IN
THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH 59'22'18"
EAST A DISTANCE OF 369.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID MONSTER
ROAD SW RIG14T OF WAY AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA OF LAND;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THROUGH THE FOLLOWING TWO (2)
COURSES;
1) NORTH 74'10'49' A DISTANCE OF 17.51 FEET;
2) ALONG A 238.99 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS
NORTH 17018'23' EAST THROUGH A CENTRAL ANGLE OF 12'33'24" FOR AN ARC LENGTH
OF 52.38 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY THROUGH THE FOLLOWING SIX (6)
COURSES:
1) ALONG A 86.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS
NORTH 12*5726' WEST THROUGH A CENTRAL ANGLE OF 12'51'50' FOR AN ARC LENGTH
OF 10.31 FEET;
2) NORTH 64'10'43' EAST A DISTANCE OF 18.79 FEET;
3) ALONG A 94.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
29'55'01' FOR AN ARC LENGTH OF 49.08 FEET;
4) NORTH 22'16'55' EAST A DISTANCE OF 29.91 FEET;
5) SOUTH 84'4T53' EAST A DISTANCE OF 62.65 FEET;
6) NORTH 01'17'04' EAST A DISTANCE OF 24.10 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID MONSTER ROAD SW RIGHT OF WAY,
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THROUGH THE FOLLOWING THREE (3)
COURSES:
1) ALONG A 560.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS
NORTH 16'57'02' EAST THROUGH A CENTRAL ANGLE OF 18'S623' FOR AN ARC LENGTH
OF 186.11 FEET;
2) SOUTH 01*5921' EAST DISTANCE OF 10.00 FEET;
3) NORTH 88'00'3W EAST A DISTANCE OF $1.93 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE SOUTH 0105921' EAST A DISTANCE
OF 70.00 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF MONSTER ROAD SW;
THENCE SOUTH 88000'39' WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF
296.01 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OR WAY LINE ALONG A
248.99 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22*40'18' FOR AN
ARC LENGTH OF 98.52 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 31,907 SQUARE FEET, (0.73 ACRES), MORE OR LESS
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Resolution No. 4358 Exhibit A
EXHIBIT C
LAKE TO SOUND TRAIL SEGMENT A
Wetland Mitigation Maintenance Agreement
This Wetland Mitigation Maintenance Agreement ("Agreement") is effective as of
the day of , 20_, and is made and executed by and between the City of
Renton, a municipal corporation of the State of Washington ("City") and King County, a
political subdivision of the State of Washington ("County" or "County Parks").
RECITALS
A. On , the City and the County entered into an Interagency
Agreement ("IA") in which the County agreed to fund and construct a 1.1-mile segment
of what will ultimately be the sixteen -mile Lake to Sound Trail. Part of the 1.1-mile
segment is on property owned by the City and is referred to as Segment A of the Lake to
Sound Trail. Segment A extends from Naches Avenue SW within the Black River
Riparian Forest (BRRF) to the Green River Trail in the City of Tukwila's Fort Dent Park.
The portion of Segment A within the boundaries of the City and subject to the IA is
known as "the Project." This Agreement is a part of that IA.
B. City holds fee simple title to the following properties: Assessor's Tax Parcel
Nos.: 3779200118, 3779200116 ("the Property"). Permit LUA15-000257 SSDP, S-CUP,
S-V authorizes development of Segment A of the Lake to Sound Trail, and requires as a
condition of development that mitigation be performed on wetlands located on the
Property ("Wetland Mitigation Maintenance").
C. The approved mitigation plan per Construction Permit #U 16006840 includes
enhancement of approximately 0.49 acre of wetland buffer and 0.60 acre of stream buffer
at two designated mitigation sites (Exhibit A to Exhibit Q. Impacts to Fish Conservation
Areas, outside of wetland and stream buffers, will be compensated for with additional
plantings where views toward the heron nesting colony are not already obscured by
existing vegetation. Such plantings, combined with fence installation along the southern
edge of the alignment of Segment A adjacent to the BRRF, are expected to reduce the
potential for disturbance to wildlife in the natural area. The County will conduct all
required Wetland Mitigation Maintenance on the Property.
D. The City agrees to grant the County access to the Property for the purpose of
conducting the Wetland Mitigation Maintenance.
E. This Agreement sets forth the duties and responsibilities of the Parties related to
Wetland Mitigation Maintenance on the Property.
25
Resolution No. 4358 Exhibit A
F. Mitigation Goal and Objectives
Goal: Enhance 0.49 acre of wetland buffer and 0.60 acre of stream buffer to
native forested upland.
Achievement of this goal is expected to increase the production of organic matter
by planting trees and shrubs in the enhanced buffer; increase wildlife habitat; and
improve biological diversity by planting with a variety of native riparian plant
species.
• Objective 1: Establish a minimum of 0.49 acre of forested wetland
buffer and 0.60 acre of forested stream buffer by planting native trees and
shrubs.
Performance Standards:
Year 1 Survival of planted woody species in enhanced wetland buffer and
stream buffer areas will be at least 80 percent.
Year 3 Native woody species will achieve a minimum of 35 percent areal
cover in the enhanced wetland buffer and stream buffer areas.
Year 5 Native woody species will achieve a minimum of 60 percent areal
cover in the enhanced wetland buffer and stream buffer areas.
Objective Z: Limit invasive non-native species throughout the mitigation
site planting areas.
Performance Standard:
Years 1-5 Himalayan blackberry, cutleaf blackberry (Rubus laciniatus),
Scotch broom (Cytisus scoparius), butterfly bush, poison hemlock,
Canada thistle (Cirsium arvense), bull thistle (Cirsium vulgare),
and reed canary grass will not exceed 20 percent areal cover in all
planting areas.
• Objective 3: Provide upland wildlife habitat.
Performance Standard:
Increase in areal cover of native woody species in the planted buffer, as measured
in Objective 1 to be used as a surrogate to indicate increasing habitat functions.
• Objective 4: Protect the mitigation site from anthropogenic disturbance.
Performance Standard:
Years 1-5 Conduct yearly qualitative monitoring to assess the status of the
sites during the five-year monitoring period for human disturbance,
including but not limited to filling, trash, and vandalism.
NOW, THEREFORE, and in consideration of the terms, conditions, and
performances contained herein, the Parties mutually agree as follows:
W
Resolution No. 4358 Exhibit A
AGREEMENT
The County shall conduct the following maintenance activities on the Property:
1. Maintenance Activities
A. Planting Areas
1. Weed Control
a. County Parks will ensure the site is kept free of weeds and
invasive vegetation. Areal coverage of non -regulated weeds and
invasive vegetation shall not exceed 20 percent. There shall be
zero tolerance for Regulated Class A, B, or C weeds as described
in the King County Noxious Weed List. They shall be removed
immediately upon identification. Current weed lists can be
obtained at the following link:
http://www.kin cg ounty.gov/environment/animalsAndPlants/noxi
ous-weeds.aspx
b. Mechanical means of removal (i.e., hand removal) and Integrated
Pest Management (IPM) Best Management Practices shall be
used as alternatives to chemical treatment of weeds whenever
feasible. The County IPM plan is described at the following link:
http://www.kin cg ounty.gov/environment/animals-and-
plants/noxious-weeds/weed-control-practices/ipm.aspx
C. County Parks shall use chemical applications only as a last resort
and only after other methods of weed control are proven
ineffective. For protection of water quality, even when outside
aquatic areas, only chemical products as defined by the
Washington State Department of Ecology Aquatic Pesticide
Permit may be used. The current list of products approved for
use by the Washington State Department of Ecology are listed
here:
http://www.ecy.wa.gov/programs/wq/pesticides/regpesticides.ht
ml
2. Plant Removal and Installation
Dead plants will be removed from sites and all debris removed from the
property and managed in accordance with all local, state, and federal
regulations. Except for specific noxious weed species for which disposal
in a landfill is required, all vegetative matter shall be composted at a
permitted compost facility. All dead and downed woody material will be
left in place to provide microhabitats for wildlife.
27
Resolution No. 4358 Exhibit A
New plants shall be installed as needed to meet the Performance Standard
requirements above. All plants shall be sourced locally from growers
within 100 miles of King County.
3. Pruning
Planting sites with native shrubs and trees shall only be pruned if they
encroach on adjacent private properties or right-of-way (i.e., roads or
trails). Unless otherwise specified by the City, native shrubs and trees
adjacent to regional trails shall be maintained to keep a minimum five-foot
clear zone from the edge of pavement. All debris from pruning shall be
removed from the property at the end of each work day and disposed of
offsite.
4. Watering
County Parks will be responsible for watering mitigation sites planted less
than three years at least one time each month starting in May through
October. County Parks will determine if additional water days are needed
to maintain plant health.
The proposed watering design contains a mix of irrigated (larger more
remote) and non -irrigated (close to trail, accessible by water truck) areas.
Currently, there is no existing irrigation system located within the Project.
The proposed plans show a temporary irrigation system for the larger,
more remote areas. The areas that do not have a proposed temporary
irrigation system (screen plantings easily accessible from the road) shall
be watered using a water truck or similar technique. Access for vehicles
and heavy equipment will be from the east side of Monster Road SW at
the pullout north of the Black River or from Naches Avenue SW.
When feasible County Parks will use reclaimed water for watering. Water
will be acquired from the County Pumping Station located at 5500
Monster Road SW. After irrigation systems are installed, County Parks
personnel will set clocks, adjust irrigation heads for maximum coverage,
and adjust watering schedules for areas receiving too little or too much
water.
5. Fertilizing
County Parks will avoid the use of chemical fertilizers if possible, and
may elect to use either chemical or natural fertilizers to help enhance plant
survivability. If fertilizers are used, natural time -release products are
recommended.
County Parks will adhere to the following Washington Department of
Ecology Best Management Practices for fertilizer use —
28
Resolution No. 4358 Exhibit A
http://www.ecY,wa.gov/proRrams/wci/r)iants/a]2ae/lakes/BestMana2ement
Practices.html:
• Test soil at mitigation areas to determine how much fertilizer to
apply;
• Water mitigation areas after fertilizing, but do not allow excess
water to run off into surface waters;
• Sweep up any excess fertilizer which is spilled on hard surfaces
such as walks and driveways;
• Do not spread fertilizer within 75 feet of surface waters or
wetlands;
• Use a "drop" spreader and not a "cyclone" spreader to reduce
the chances of getting fertilizer in surface water.
6. Mulching
County may elect to apply mulch to the sites to minimize weeds and help
retain moisture. County Parks will be responsible for the type and depth of
mulch for each site, but desired depth is typically three to six inches.
7. Animal Protection
The County may elect to apply animal repellant or install protective
barriers around trees, shrubs, and other plants being browsed, grazed, or
otherwise destroyed by animals such as deer, elk, or beaver. All protection
methods used shall be in compliance with the Washington State
Department of Fish and Wildlife guidelines. Some examples of acceptable
methods include application of the repellant Plant-skydd® or installation
of wire mesh fencing around the bases of trees. Current guidelines for
various species can be found at the following link:
http://wdfw.wa.gov/living/mammals.html.
B. Trash Removal and Debris Control
The Mitigation areas for which County Parks has responsibility shall be inspected
during each visit to ensure that debris such as bottles, paper, cartons, and similar foreign
matter are disposed of to keep the grounds in a neat appearing condition. Readily
recyclable materials shall be recycled whenever possible. Except for specific noxious
weed species for which disposal in a landfill is required, all vegetative matter shall be
composted at a permitted compost facility. All materials removed from sites shall be
managed in accordance with all local, state, and federal regulations.
C. Insect and Disease Control
Chemical treatments to control pests and disease shall be avoided if alternative
maintenance activities can reduce pest populations. However, if such maintenance
methods are not successful, County Parks may elect to use chemical treatments. Only
chemical products defined by the Washington State Department of Ecology Aquatic
Resolution No. 4358 Exhibit A
Pesticide Permit shall be used and the County will review those products per the
standards of its IPM standards.
D. Traffic Control
Maintenance activities shall be performed in ways that do not block the trail or
otherwise disrupt bicyclists and other trail users. If maintenance activities are expected to
result in partial trail blockages or disruptions, County Parks will seek to minimize the
time of disruption and shall clearly delineate the area with traffic cones or other
cautionary signage devices.
E. Inspections
After construction of mitigation areas is completed, an "as -built" mitigation report
will be submitted to the City within one month of installation. County Parks will perform
post -construction monitoring of the mitigation areas for a five-year period using qualified
biologists. County Parks will perform monitoring quarterly the first year and annually for
subsequent years to ensure that the goals and objectives of the mitigation are being met.
County Parks will submit reports quarterly for the first year and annually for the
next four (4) years following construction of the mitigation areas. County Parks will
perform any subsequent reporting, if necessary, to document milestones, successes,
problems and contingency actions of the compensatory mitigation. County Parks will
send monitoring reports to the agency requiring monitoring reports by February 15 of the
following year.
The Administrator of the City's Department of Community and Economic
Development or designee has the authority to modify or extend the monitoring period and
require additional monitoring reports for up to five additional years (for a total of ten
years) if the mitigation sites are not meeting performance standards. If such
modifications or extensions are made, County Parks will implement contingency
measures identified in Table 6-1 of Section 6.3 of the Lake to Sound Trail — Segment A
Final Critical Area Study.
2. Access
A. In accordance with Section 3.1(c) of the IA, the City hereby grants to the
County and its employees, agents, representatives, invitees, consultants, contractor and
subcontractors performing work on behalf of the County the non-exclusive right and
license to enter onto the Property for the purpose of conducting the activities identified in
Section 1. This right and license shall begin upon the effective date of this Agreement
and continue until the end of the required monitoring period.
B. In the performance of the maintenance and monitoring activities listed in
Section 1 above, the County is not required to provide notice or request permission from
the City for access unless these activities require trail closure, as described in Section 4.
30
Resolution No. 4358 Exhibit A
C. Each Party shall coordinate and share with the other Party any locking
devices on bollards, gates, and other features, such that each Party has access to perform
its responsibilities pursuant to this Agreement.
D. The rights which the City grants to the County under this Agreement are
in the nature of revocable licenses for access and for the other purposes described herein.
Nothing in this Agreement is intended to convey any right, title, or interest in the real
property which is the subject of this Agreement, and nothing in this Agreement shall be
construed to convey any such interest.
E. Vehicular and heavy equipment shall be limited to a point of access at the
east side of Monster Road SW at the pullout north of the Black River or from Naches
Avenue SW.
Contact Information
A. All correspondence related to this Agreement shall be through the
following designated contacts. All communication regarding this Agreement shall
reference the agreement name "Lake to Sound Trail Segment A — Wetland Mitigation
Maintenance Agreement" and execution date.
King County and City of Renton formal points of contact are as follows:
KING COUNTY: Don Harig
Parks Operations Manager
3005 NE 4th St.
Renton, WA 98056
(206) 477-6140
Don.Harig@kingcounty.gov
CITY OF RENTON: Cailin Hunsaker, Parks and Trails Director
Community Services Department
Renton City Hall, 6th Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6606
cunsaker@rentonwa.gov
Inspections: Matthew Herrera, Senior Planner
Community and Economic Development Department
Renton City Hall, 6th Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6593
mherrera@rentonwa.gov
31
Resolution No. 4358 Exhibit A
B. From time to time, contact information may change. Any change or update
to contact information made a part of Section 3.A shall be provided to the other Party by
electronic mail notification. The Party in receipt of the change will confirm receipt of the
change by electronic mail back to the initiating Party.
4. Trail Closure or Significant Work
A. Should Segment A need to be closed temporarily for routine maintenance
lasting less than a sixty minute period, no notification to the other Party is necessary.
Should a longer closure of Segment A be necessary by either Party, advance written
notification of seven calendar days shall be given to the other Party and a detour for
public use will be implemented, if practicable. Closures requested by the County shall be
subject to review and written or electronic concurrence by the City. Closures requested
by the City shall be subject to County notification.
B. The City reserves the right to close all or part of the Trail unilaterally
should the Trail pose a threat to the traveling public. The County has the unilateral right
to temporarily close all or part of the Trail to the public with subsequent notification to
the City if in the County's judgment trail conditions pose a potential hazard to the public.
5. Amendments
Modification of this Agreement may only be made by amendment or supplement as
mutually agreed to in writing and signed by each Party.
IN WITNESS WHEREOF, the City and the County have executed this Agreement
on the date set forth above.
CITY OF RENTON, a
Washington State municipal corporation
By
Name: Denis Law
Its: Mayor
ATTEST:
Jason A. Seth, City Clerk
32
Resolution No. 4358 Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person
who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as
the Mayor of the CITY OF RENTON, a Washington State municipal corporation, to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
33
Resolution No. 4358 Exhibit A
KING COUNTY, a
Political subdivision of the State of Washington
By —
Name
Its
34
Resolution No. 4358 Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of KING
COUNTY, a political subdivision of the State of Washington, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
35
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Resolution No. 4358 Exhibit A
EXHIBIT D
LAKE TO SOUND TRAIL SEGMENT A
Operations and Maintenance Agreement
This Operations and Maintenance Agreement ("Agreement") is effective as of the day
of , 20_, and is made and executed by and between the City of Renton, a
municipal corporation of the State of Washington ("City") and King County, a political
subdivision of the State of Washington ("County" or "County Parks").
RECITALS
A. On , the City and the County entered into an Interagency
Agreement ("IA") in which the County agreed to fund and construct a 1.2-mile
segment of what will ultimately be the 16-mile Lake to Sound Trail. Part of the
1.2-mile segment is on property owned by the City and is referred to as Segment
A of the Lake to Sound Trail. Segment A extends from Naches Avenue SW,
within the Black River Riparian Forest to the Green River Trail in the City of
Tukwila's Fort Dent Park. The portion of Segment A within the boundaries of the
City and subject to the IA is known as "the Project." This Agreement is a part of
that IA.
B. The City holds fee simple title to the following properties: Assessor's Tax
Parcel Nos.: 3779200119, 3779200118, 3779200117, 3779200116, 1323049024,
1323049012, 1323049088 and 1323049089 ("the City's Real Property"). The
County will maintain the Project improvements and operate that portion of
Segment A within the boundaries of the City. The area to be operated and
maintained is depicted in Exhibit A to this Agreement and is generally defined as
the area fifteen (15) feet to the left and right of Segment A centerline or a 30 foot
wide corridor.
C. The City agrees to grant the County access to the City's Real Property for the
purpose of conducting Operations and Maintenance of Segment A.
D. This Agreement sets forth the duties and responsibilities of the Parties related to
Operations and Maintenance on the City's Real Property.
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
contained herein, the Parties mutually agree as follows:
37
Resolution No. 4358 Exhibit A
AGREEMENT
1. The County shall conduct the following Maintenance Activities within the 30 foot
trail corridor on the City's Real Property:
A. Trail Maintenance — trimming, edging, mowing, sweeping, blowing and
removal of debris. Removal of litter on or adjacent to trail as well as
periodic pavement cleaning. Removal of litter from receptacles along the
trail, brushing, invasive plant/weed removal, repairs to surface or subgrade,
concrete repairs, maintenance and/or repair of retaining walls, grading of
gravel surfaces, periodic inspection.
B. Bridge Maintenance and Inspection — spall repair and handrail repair as well
as maintenance below the bridge deck; periodic removal of debris from
bridge abutment and brushing as needed. Safety inspections by a County
Bridge Inspection Team shall be conducted on a no less than every four year
cycle.
C. Vandalism Repair and Graffiti Removal — repair trail infrastructure and
remove graffiti from bollards, litter receptacles, benches, fences, trail
surface, bridge surfaces, interpretive signs and other trail amenities within
the project limits.
D. Trail accessory maintenance — replace and/or repair bollards, gates, litter
receptacles, signage and other trail amenities as needed.
E. Drainage structure maintenance — maintain surface facilities constructed by
the project. Clean, maintain, repair and replace catch basins, culverts and
other permanent drainage facilities installed as part of the trail project.
F. Erosion and slope stabilization — maintain and repair any erosion control
measures that are related to the project including seeding, erosion control
blankets and other surface best management practices.
G. Landscaping — routine care of plant beds, plantings, ornamental trees and
shrubs, and prepared turf areas including screening planting and buffer
vegetation — maintenance of buffer vegetation conservation plantings
(BVC1-3) as well as screening planting areas (SP1-12) plantings installed
by the County as part of the project, removal of problem trees or vegetation.
38
Resolution No. 4358 Exhibit A
H. Temporary irrigation system — inspection, operation, maintenance and repair
of temporary irrigation equipment installed by the project for plant
establishment.
I. Public Relations — interact with the public to provide information and
assistance.
J. Routine Patrol of Wetland Mitigation Sites — routinely patrol that portion of
the City's Real Property designated as wetland mitigation sites in Exhibit A
to Exhibit C to the IA for the presence of illegal encampments and promptly
notify City of any observed illegal encampments. The removal of
unauthorized encampments including notification and removal of
unauthorized transient encampments, located within the City's Real
Property is otherwise specifically excluded from the O & M responsibilities
of the County.
2. Failure to Maintain. If County Parks refuses or neglects to repair, replace, or
maintain the Segment A, or any part thereof, the City shall provide County Parks
reasonable written notice of the need for additional repair, replacement, or maintenance
actions and shall provide the County three days to respond to this notice. If the County
fails to respond to the City's notice and fails to conduct the needed repair, replacement
or maintenance actions, the City may make such repairs or perform such maintenance on
behalf of and for the account of County Parks. If the City makes or causes any such
repairs to be made or performed, as provided for herein, County Parks shall pay the cost
thereof (including, but not limited to, the cost of labor, material and equipment) to the
City promptly upon receipt of an invoice therefor. However, if the Parties do not agree
about what repair, replacement or maintenance actions are necessary and warranted, the
Parties shall attempt to resolve the dispute. If the Parties are unable to resolve the
dispute, the Parties shall engage in some mutually acceptable form of Alternative
Dispute Resolution, such as mediation or arbitration. The Parties agree that a good -faith
attempt to resolve any dispute through ADR shall be a condition precedent for either
Party to initiate any civil action or other litigation regarding this Agreement.
3. The City shall conduct the following maintenance activities on the City's Real
Property:
A. Abatement of illegal encampments, as follows:
1. On the City's Real Property except within those portions designated as
wetland mitigation sites in Exhibit A to Exhibit C to the IA: The City
shall conduct routine patrols to locate and remove such encampments.
2. Within those portions of the City's Real Property designated as
wetland mitigation sites in Exhibit A to Exhibit C to the IA: The City
39
Resolution No. 4358 Exhibit A
shall remove such encampments if notified by the County of the
presence of such encampments or if the City observes such
encampments.
B. Perform on -going maintenance activities within City right-of-way, including
operation and maintenance of the pedestrian activiated signal for the
Monster Road SW trail crossing.
4. Illegal Encampments in Wetland Mitigation Sites
If there are illegal encampments within those portions of the City's Real Property
designated as wetland mitigation sites in Exhibit A to Exhibit C to the IA, the City shall
be responsible for removal or ejectment of these illegal encampments. The County shall
be solely responsible for any restoration of wetland mitigation sites that result from
illegal encampments. The County agrees not to seek any recovery or compensation from
the City for damage to the mitigation sites caused by the illegal encampments or caused
by reasonable actions taken by the City to remove the illegal encampments.
5. Access
A. In accordance with Section 3.1(d) of the IA, the City hereby grants to the
County and its employees, agents, representatives, invitees, consultants,
contractors and subcontractors performing work on behalf of the County the
non-exclusive right and license to enter onto the City's Real Property for the
purpose of conducting the activities identified in Section 1. This right and
license shall begin upon the effective date of this Agreement and in
perpetuity.
B. In the performance of the operations and maintenance activities listed in
Section 1 above, the County is not required to provide notice or request
permission from the City for access unless these activities require trail
closure, as described in Section 4.
C. Each Party shall coordinate and share with the other Party any locking
devices on bollards, gates, and other features, such that each Party has
access to perform its responsibilities pursuant to this Agreement.
D. The rights which the City grants to the County under this Agreement are in
the nature of personal licenses for access and for the other purposes
described herein. Nothing in this Agreement is intended to convey any right,
title, or interest in the real property which is the subject of this Agreement,
and nothing in this Agreement shall be construed to convey any such
interest.
40
Resolution No. 4358 Exhibit A
E. Vehicular and heavy equipment shall be limited to a point of access at the
east side of Monster Road SW at the pullout north of the Black River or
from Naches Avenue SW.
Contact Information
A. All correspondence related to this Agreement, shall be through the
designated contacts. All communication regarding this Agreement shall
reference the agreement name "Lake to Sound Trail Segment A - Operations
and Maintenance Agreement" and execution date.
The City of Renton and King County formal point of contacts are as follows:
KING COUNTY: Don Harig
King County Parks
201 S. Jackson St. Suite 700
Seattle, WA 98104
(206) 477-6140
don.harig@kingcounty.gov
CITY OF RENTON: Cailin Hunsaker, Parks and Trails Director
Community Services Department
Renton City Hall, 6tn Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6606
chunsaker@rentonwa.gov
B. From time to time, contact information may change. Any change or update
to contact information made a part of Section 4.A shall be provided to the
other Party by electronic mail notification. The Party in receipt of the
change will confirm receipt of the change by electronic mail back to the
initiating Party.
Trail Closure or Significant Work
A. Should the Trail need to be closed temporarily for routine maintenance
lasting less than a 60 minute period, no notification to the other Party is
necessary. Should a longer closure of the Trail be necessary by either Party,
advance written notification of seven calendar days shall be given to the
other Party and a detour for public use will be implemented, if practicable.
Closures requested by the County shall be subject to review and written or
41
Resolution No. 4358 Exhibit A
electronic concurrence by the City. Closures requested by the City shall be
subject to County notification.
B. The City reserves the right to close all or part of the Trail unilaterally should
the Trail pose a threat to the traveling public. The County has the unilateral
right to temporarily close all or part of the Trail to the public with
subsequent notification to the City if in the County's judgment trail
conditions pose a potential hazard to the public.
8. Amendments
A. Modification of this Agreement may only be made by amendment or
supplement as mutually agreed to in writing and signed by each Party.
B. If this Agreement is terminated pursuant to Section 9, each party will
operate and maintain the portions of the trail that are under their ownership
as indicated in the Recitals, Section B. and as shown in Exhibit A attached
to this agreement.
9. Performance after January 1, 2021
A. Through December 31, 2020, the County's obligations under this
Agreement shall not be affected by the outcome of any parks, trails or open
space levies.
B. If the King County voters approve a parks replacement levy in 2019, then
the County's obligations shall continue after December 31, 2020.
C. If the King County voters do not approve a parks replacement levy in 2019,
the County shall in good faith attempt to identify alternative funding for its
obligations under Sections 1, 2, and 4 of this Agreement. If the County has
identified such alternative funding by July 31, 2020, the County's
obligations shall continue after December 31, 2020. If the County has not
identified such alternative funding by July 31, 2020, the County and City
shall negotiate in good faith the performance and funding of the obligations
set forth in Sections 1, 2, and 4 of this Agreement for the period after
December 31, 2020. If, prior to Parties reaching a negotiated outcome, the
County ceases performing or funding any of its obligations under Sections
1, 2, or 4 of this Agreement, the City shall be released from its obligations.
D. King County funding in support of this Agreement beyond the 2019-2020
biennium is conditioned upon appropriation by the County Council of
sufficient funds to undertake the activities described in this Agreement. The
42
Resolution No. 4358 Exhibit A
sufficiency of any such appropriation shall be determined by the County in
its sole discretion. Should such an appropriation not be approved, this
Agreement shall terminate December 31, 2020.
IN WITNESS WHEREOF, the City and the County have executed this Agreement
on the date set forth above.
CITY OF RENTON, a
A Washington State municipal corporation
By
Name: Denis Law
Its: Mayor
ATTEST:
Jason A. Seth, City Clerk
43
Resolution No. 4358 Exhibit A
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF RENTON, a
Washington State municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
(i Ise this mace for notarial stamp/seal)
Notary Public
Print Name
My commission expires
44
Resolution No. 4358 Exhibit A
KING COUNTY, a
Political subdivision of the State of Washington
By_
Name
Its
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
;Use this space for notarial
Notary Public
Print Name
My commission expires
45
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Resolution No. 4358 Exhibit A
EXHIBIT E
TEMPORARY CONSTRUCTION EASEMENT AND
AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT
54
Resolution No. 4358 Exhibit A
AFTER RECORDING RETURN TO: CNORMED COPY
King County Parks
Aftnson Rich
201 �S.aJackson St., Suite 700 20170206000242
Seattle, WA 98104 KC PARKS CAP P EA5 84.N
PAGE-001 of 012
92/06/2017 13:51
DOCUMENT TITLE:
Temporary Construction Easement
GRANTOR:
City of Renton
GRANTEE:
King County
ABBREVIATED LEGAL
SW %, Sec.13, Twn. 23, Rng. 4
DESCRIPTION:
FULL LEGAL DESCRIPTION
Exhibits A and B
ON PAGE:
ASSESSOR'S TAX PARCEL NO.
377920-0119 132304-9012
377920-0118 132304-9024
377920-0117 132304-9088
377920-0116 132304-9089
PROJECT:
Lake to Sound Trail Segment A
TEMPORARY CONSTRUCTION EASEMENT
Thi TEMPORARY CONSTRUCTION EASEMENT is granted this .�_ day of
c* 'V 14 e W it , 20!Z by the City of Renton, a Washington municipal corporation,
hereinafter ref rred to as "Grantor," to King County, a political subdivision of the State of
Washington, hereinafter referred to as "Grantee."
WHEREAS, the Grantor is the owner of certain parcels of land located near 14299 Monster Rd.
SW, Renton, in the County of King, State of Washington, ("Property");
WHEREAS, the Grantee is considering construction of what is known as Segment A of the Lake
to Sound Trail (sProject*), a 16 mile non -motorized, multi -use recreational trail spanning from the
south end of Lake Washington in Renton to the shoreline of Puget Sound in Des Moines;
WHEREAS, the Grantee has provided the Grantor with the design drawings for the Project, and
the Grantor accepts and agrees to allow construction of the Project in the Easement Area
identified in Exhibit A and B, located on the Property, in accordance with the conditions set forth
in this Temporary Construction Easement;
Page 1 of 6
6&
Resolution No. 4358 Exhibit A
WHEREAS, the Grantee has complied with all regulatory requirements that apply to the Project,
and has obtained all necessary permits and regulatory approvals allowing construction of the
Project, including the following: City of Renton, Shoreline Management Substantial
Development Permit LUA15-00257 SSDP, City of Renton, Shoreline Conditional Use Permit
LUA15-00257 SCUP, and City of Renton, Shoreline Variance LUA15-00257 S V. Grantee
agrees that if the Project is constructed, it shall be constructed in accordance with these permits
and approvals;
WHEREAS, it has been found necessary, in the construction and improvement of the Project, to
acquire certain surface rights and privileges on, across, and over a portion of said Property; and
WHEREAS, the Grantor hereby represents and warrants to the Grantee that it has sufficient
property interests in the Property to grant this Temporary Construction Easement to Grantor;
NOW THEREFORE, the Grantor and Grantee agree as follows:
1. Grant of Temporary Construction Easement: The Grantor, for and in consideration of
the benefit to the Tukwila Community of the Lake to Sound Trail, to the same extent and
purposes as if the rights granted had been acquired under the Eminent Domain Statute
of the State of Washington, hereby grants to Grantee a temporary construction
easement on, across, and over that portion of Grantor's Property, together with the right
to enter upon and have access to said Easement Area for the purpose of the Project
work, and to take such other actions upon the Easement Area as are necessary and/or
convenient for the construction of Grantee's Project. Grantor understands that the
temporary easement rights donated herein to King County for public use is made
voluntarily and with full knowledge that Grantor shall receive just compensation in the
form of surface improvements. Additionally, Grantor understands that it has the right to
request an appraisal of the property, and hereby gives up that right.
2. Purpose: Grantee may utilize the Easement only for the purpose of construction of the
Project. Grantee may elect, but is not bound to construct the project. if the Project is
constructed it will be performed in accordance with the project plans and conditions set
forth in the following permits: City of Renton, Shoreline Management Substantial
Development Permit LUA15-00257 SSDP, City of Renton, Shoreline Conditional Use
Permit LUA15-00257 S-CUP, and City of Renton, Shoreline Variance LUA15-00257 S-V.
Access to the Easement Area over Grantor's Property shall be maintained during the
Project work.
3. Term: The rights, title, privileges and authorities hereby granted shall begin upon written
Notice of Construction to the Grantor and shall continue in ford for twenty four t24t
months from the date of the Notice of Construction, or January 30, 2020, whichever is
later.
It is understood and agreed that the delivery of this Temporary Construction Easement is
tendered and that the terms and obligations hereof shall not become binding upon
Grantee unless and until accepted and approved in writing by the Grantee.
4. Access and Encroachments: The Grantor hereby grants to the Grantee and its
employees, agents, representatives, invitees, consultants, contractors and
Page 2 of 6
56
Resolution No. 4358 Exhibit A
subcontractors performing work on behalf of the Grantee the following access rights to
the Easement Area:
(a) The non-exclusive right and license to enter onto the Easement Area to analyze,
assess, investigate, inspect, measure, survey, study and gather information for purposes of
construction of the Project, including but not limited to completing borings and other subsurface
investigations. This right and license shall begin upon the effective date of this Temporary
Construction Easement and continue throughout the term of this Temporary Construction
Easement.
(b) The non-exclusive right and license to enter onto, and take actions on, the
Easement Area necessary for construction of the Project.. This right and license shall begin
upon the Grantee's issuance of the Notice to Proceed and continue until the later of twenty-four
(24) months or completion of the Project. This right and license shall not be exclusive of the
Grantor's right to enter the Easement Area for the purposes of inspections or other actions
necessary to implement this Temporary Construction Easement, or for any other purpose,
provided that the Grantor's entry onto the Easement Area shall not impair, impede or delay
construction of the Project.
(c) The Grantor hereby represents and warrants to the Grantee that it has sufficient
property interests and the legal authority to remove Encroachments; and that there are no
easements, covenants, restrictions, encumbrances or defects on or to the title of the Property
that will in any way affect or impair the Grantee's or the Grantor's ability to perform their
respective obligations under this Temporary Construction Easement.
(d) If the Grantee's Contractor removes Encroachments in accordance with the
Grantor's direction, the Grantor shall protect, defend, indemnify and save harmless the Grantee,
its officers, officials, employees, agents, Contractor and subcontractors, while acting within the
scope of their employment as such, from any and all suits, costs; claims, actions, losses,
penalties, judgments, and/or awards of damages arising from removal of said Encroachments
except when caused by the negligence of the Grantee, its officers, officials, employees, agents,
Contractor and subcontractors.
5. Restoration: The Grantee shall upon completion of the Project described herein remove
all debris and restore the surface of the Property as nearly as possible to the condition
immediately prior to the Grantee's entry thereon, excepting any modifications or
improvements made as a part of the Project or otherwise approved in writing by the
Grantor.
6. Indemnification: Each Party shall protect, defend, indemnify and save harmless the
other Party, its officers, officials, employees and agents while acting within the scope of
their employment as such, from any and all suits, costs, claims, actions, losses,
penalties, judgments, and/or damages of whatsoever kind CClaims") arising out of, or in
connection with, or incident to the breach of any warranty under this Temporary
Construction Easement or the exercise of any right or obligation under this Temporary
Construction Easement by the indemnifying Party, including any negligent acts or
omissions, except to the extent such Claims arise out of or result from the other Party's
own negligent acts or omissions. Each Party agrees that it is fully responsible for the
acts and omissions of its own contractors, employees and agents, acting within the
Page 3 of 6
57
Resolution No. 4358 Exhibit A
scope of their employment as such, as it is for the acts and omissions of its own
employees and agents. Each Party agrees that its obligations under this paragraph
extend to any claim brought by or on behalf of the other Party or any of its employees, or
agents. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title
51, as respects the other Party only, and only to the extent necessary to provide the
indemnified Party with a full and complete indemnity of Claims made by the indemnitor's
employees. The Parties acknowledge that these provisions were specifically negotiated
and agreed upon by them. Nothing in this Paragraph modifies or limits in any way the
Grantor's obligations in Paragraph 4.
7. Insurance: Each Party shall maintain, for the duration of each Party's liability exposures
under this Temporary Construction Easement, self-insurance and/or insurance
coverage against claims for injuries to persons or damage to property, which may arise
from or in connection with performance of the work hereunder by each Party, their
agents, representatives, employees, contractors or subcontractors.
King County, a charter County government under the constitution of the State of
Washington, maintains a fully funded Self -Insurance program as defined in King County
Code chapter 4.12 for the protection and handling of the Grantee's liabilities including
injuries to persons and damage to property. The Grantor acknowledges, agrees and
understands that the Grantee is self -funded for all of its liability exposures and that the
Grantee's self-insurance program meets the requirements of this paragraph. The
Grantee agrees, at its own expense, to maintain, through its self -funded program,
coverage for all of its liability exposures for this Temporary Construction Easement. The
Grantee agrees to provide the Grantor with at least 30 days prior written notice of any
material change in the Grantee's self funded program and will provide the Grantor with a
certificate of self-insurance as adequate proof of coverage. The Grantor further
acknowledges, agrees and understands that the Grantee does not purchase
Commercial General Liability insurance and is a self -insured governmental entity;
therefore the Grantee does not have the ability to add the Grantor as an additional
insured.
The Grantor maintains a combination of a fully funded self-insurance program and
excess insurance coverage for the protection and handling of the Grantor's liabilities,
including injuries to persons and damage to property. The Grantee acknowledges,
agrees and understands that the Grantor's self-insurance program and excess insurance
meet the requirements of this paragraph. The Grantor agrees, at its own expense, to
maintain, through its self -funded program and excess insurance, coverage for all of its
liability exposures for this Temporary Construction Easement. The Grantor agrees to
provide the Grantee with at least 30 days prior written notice of any material change in
the Grantor's self -funded and insurance programs and will provide the Grantee with a
certificate of insurance as adequate proof of coverage and naming the Grantee as an
additional insured.
8. General CondMons:
Page 4of6
58
Resolution No. 4358 Exhibit A
(a) Joint Grafting Effott. This Temporary Construction Easement shall be considered for
all purposes as prepared by the joint efforts of the Parties and shall not be construed
against one Party or the other as a result of the preparation, substitution, submission
or other event of negotiation, drafting or execution hereof.
(b) Third Party_ Beneficiaries. Nothing in this Temporary Construction Easement is
intended to, nor shall be construed to give any rights or benefits in the Temporary
Construction Easement to anyone other than the Grantor and the Grantee, and all
duties and responsibilities undertaken pursuant to this Temporary Construction
Easement will be for the sole and exclusive benefit of the Grantor and the Grantee
and not for the benefit of any other Party
(c) Exhibits. All Exhibits referenced in this Temporary Construction Easement are
incorporated by reference as if fully set forth.
(d) Entire Agreement. This Temporary Construction Easement contains the entire
agreement of the parties and any representations or understandings, whether oral or
written, not incorporated herein are excluded.
(e) Amendment. This Temporary Construction Easement may be amended only by an
instrument in writing, duly executed by both Parties.
(f) Relationship of the Parties. The Parties execute and implement this Temporary
Construction Easement as separate entities. No partnership, joint venture or joint
undertaking shall be construed from this Temporary Construction Easement.
(g) Governing Law. This Temporary Construction Easement shall be governed and
construed in accordance with the laws of the State of Washington.
(h) Survivability. The provisions of Sections 4 and 7 shall survive termination of this
Temporary Construction Easement.
Each Party executing this Temporary Construction Easement represents that the Patty has the
authority to execute the Temporary Construction Easement and to comply with all terms of this
Temporary Construction Easement.
WITNESS WHEREOF, this instrument has been executed the day and year first above written.
GRANTOR:
City of enton.
By,
Printed Name: benis t.aw
Title: Mayor
Gate:
Page 5 of 6
W
Resolution No. 4358
Exhibit A
ATTEST:
By: I
Printed Na
Title: City iI
Date:
GRANTEE:
King County
of
V JL 4 r
SEAL r
s * Viz, •�• �- •,
,;151
By:
Printed Name: Ka_
Title: Ass;'b-rZD."tio•-
P
Date: 17ZJITIZO t,
A. Seth
APPROVED AS TO FORM:
B k r
�4h (11a
P Name: i' [
Title: County Attorney
Page 6 of 6
Resolution No. 4358 Exhibit A
EXHIBIT " A"
LEGAL DESCRIPTION FOR CITY OF RENTON
LAKE TO SOUND TEMPORARY CONSTRUCTION EASEMENT
AN AREA OF LAND LYING WITHIN THOSE PARCELS DESCRIBED IN DEEDS FILED UNDER KING
COUNTY RECORDING NO.'S 199205201349, 199406302135 AND 199301130109 ALL LOCATED IN
THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 87°27'18" EAST A DISTANCE OF 2692,79
FEET; THENCE NORTH 33'47'56" EAST A DISTANCE OF 424.76 FEET TO THE SOUTHWESTERLY
CORNER OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO.
199205201349 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF
LAND;
THENCE NORTH 34°20'52" WEST ALONG THE WEST LINE OF SAID PARCEL DESCRIBED IN DEED
FILED UNDER KING COUNTY RECORDING NO. 199205201349 A DISTANCE OF 43,59 FEET;
THENCE ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER
RECORDING NO, 199205201349 THROUGH THE FOLLOWING FIFTEEN (15) COURSES:
1) ALONG A 696.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS
NORTH 06°31'06' WEST THROUGH A CENTRAL ANGLE OF 3047'52' FOR AN ARC LENGTH
OF 46.13 FEET;
2) ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 11 024'08" FOR AN ARC LENGTH OF 209.95 FEET;
3) ALONG A 727.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A CENTRAL
OF 16055'35' FOR AN ARC LENGTH OF 214.77 FEET;
4) ALONG A 1571.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 07"32'02" FOR AN ARC LENGTH OF 206.57 FEET;
5) NORTH 43"49'17" EAST A DISTANCE OF 271.00 FEET;
6) ALONG A 4030.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL OF
2'48'32' FOR AN ARC LENGTH OF 197.57 FEET;
7) ALONG A 1853.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6001'18" FOR AN ARC LENGTH OF 194.75 FEET;
8) ALONG A 10,543,00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1000'49' FOR AN ARC LENGTH OF 186.51 FEET;
9) ALONG A 1657.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6042'20 FOR AN ARC LENGTH OF 193.93 FEET;
10) ALONG A 6738.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE 1040'54" FOR AN ARC LENGTH OF 197.76 FEET;
11) ALONG A 1768.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6018'06' FOR AN ARC LENGTH OF 194.45 FEET;
12) ALONG A 8603.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1 °21'44' FOR AN ARC LENGTH OF 204.54 FEET;
13) ALONG A 1922.12 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 5'19'42' FOR AN ARC LENGTH OF 178.75 FEET;
14) ALONG A 2814.93 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 13°2522" FOR AN ARC LENGTH OF 669.45 FEET;
15) ALONG A 1165,09 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 7048'63" FOR AN ARC LENGTH OF 158.91 FEET;
61
Resolution No. 4358 Exhibit A
THENCE LEAVING SAID NORTH LINE ALONG A 705.08 FOOT RADIUS COMPOUND CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS SOUTH 08050'27" WEST THROUGH A CENTRAL ANGLE
OF 68057'310 FOR AN ARC LENGTH OF 848.60 FEET; THENCE SOUTH 12001'39" EAST A
DISTANCE OF 238.86 FEET; THENCE SOUTH 77°33'04" WEST A DISTANCE OF 68.24 FEET;
THENCE NORTH 14°22'42" WEST A DISTANCE OF 380.72 FEET; THENCE ALONG A 657.23 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 62025'59" WEST THROUGH
A CENTRAL ANGLE OF 73°3Y25" FOR AN ARC LENGTH OF 843.76 FEET; THENCE SOUTH
81 °19'59" WEST A DISTANCE OF 578.49 FEET; THENCE SOUTH 66010'44" WEST A DISTANCE OF
818.79 FEET; THENCE SOUTH 32°07'55" EAST A DISTANCE OF 631.59 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING NO. 199301130109; THENCE SOUTH 41°16'15" WEST ALONG SAID SOUTH LINE A
DISTANCE OF 316.16 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE ALONG A 627.46
FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 39"41'39" WEST
THROUGH A CENTRAL ANGLE OF 27"58'19" FOR AN ARC LENGTH OF 306.33 FEET; THENCE
LEAVING SAID SOUTH LINE NORTH 00'00'00" EAST A DISTANCE OF 380.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING NO.199205201349; THENCE NORTH 78041'16" WEST ALONG SAID SOUTH LINE OF
THE PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO.199205201349
A DISTANCE OF 57.74 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 37°34'36" WEST A
DISTANCE OF 74.46 FEET; THENCE ALONG A 1965.00 FOOT RADIUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 37°34'36" EAST THROUGH A CENTRAL ANGLE OF 3*24,24"
FOR AN ARC LENGTH OF 116.84 FEET; THENCE SOUTH 49000'59" WEST A DISTANCE OF 318.31
FEET; THENCE ALONG A 465.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 25020'24" FOR AN ARC LENGTH OF 205.65 FEET; THENCE ALONG A 385.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 12°52'29" FOR AN
ARC LENGTH OF 86.51 FEET TO A POINT ON SAID SOUTH LINE OF THE PARCEL DESCRIBED IN
DEED FILED UNDER KING COUNTY RECORDING NO.199205201349; THENCE SOUTH 59°53'55"
WEST ALONG SAID SOUTH LINE A DISTANCE OF 159.28 FEET; THENCE CONTINUING ALONG
SAID SOUTH LINE SOUTH 74013'27" WEST A DISTANCE OF 443.93 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 13.43 ACRES, MORE OF LESS;
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AFTER RECORDING RETURN TO:
King County Parks
Attn: Jason Rich
201 S. ,Jackson St., Suite 700
Seattle, WA 98104
ResoRNIMIN111 11111111111111111111111111
20170717000567
AMENDMI=NT Rec: $74.00
Pages:2
7/17/2017 3:03 PM
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
King County Reco ivisi n
By Deputy
Exhibit A
DOCUMENT TITLE:
Amendment to Temporary Construction Easement.
GRANTORr-- -----._._.----------
-Cify o-f-Re -ton_......---
GRANTEE:
King County
ABBREVIATED LEGAL
SW %, Sec. 13, Twn. 23, Rng. 4
DESCRIPTION:
ASSESSOR'S TAX PARCEL NO.
377920-0119 132304-9012
377920-0118 132304-9024
377920-0117 132304-9088
377920-0116 132304-9089
PROJECT:
Lake to Sound Trail Segment A
AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT
This Amendment to Temporary Construction Easement replaces Sections 1 and 3 of that
certain Temporary Construction. Easement between the City of Renton, Grantor, and King
County, Grantee, executed by the City of Renton on January 26, 2017 and King. County on
December 27, 2016, recorded as number 20170206000242.
The parties have agreed that Section 1 and 3 of the Temporary Construction Easement should
be modified as hereinafter provided, now, therefore,
THE CITY OF RENTON AND KING COUNTY agree as foilows:
Sections 1 and 3 of the Temporary Construction Easement are hereby replaced with the
following sections:
Section 1:
Grant of Temporary Construction Easement: The Grantor, for and in consideration of the
benefit to the Renton Community of the Lake to Sound Trail, to the same extent and purposes
as if the rights granted had been acquired under the Eminent Domain Statute of the State of
Washington, hereby grants to Grantee a temporary construction easement on, across, and over
that portion of Grantor's Property, together with the right to enter upon and have access. to said
Easement Area for the purpose of the Project work, and to take such other actions upon the
Easement Area as are necessary and/or convenient for the construction of Grantee's Project.
Grantor understands that the donation of a portion of the property to King County for public use
is made voluntarily and with full knowledge of entitlement to receive just compensation in the
67
Resolution No. 4358
Exhibit A
form of surface Improvements. Additionally, Grantor understands that he/they have the right to
request an appraisal of the property, and hereby give up that right.
The Grantor and Grantee are currently in the process of negotiating an Interagency Agreement
(IA) which will detail the rights and responsibilities of both parties including the construction,
mitigation, long-term capital, operation and maintenance of the trail. Until this IA is complete,
the County will comply with all rules and regulations set forth by the Grantor and its jurisdictibn.
Section 3:
CI111. I IIG IIt�11t.J, UWC, FJIIYItGyGa gllu gWlUvnu'r� �Iva.u�r y. ca.wa .acui uvyus wYvmuwwua.cr
of Construction to the Grantor and shall continue in force for twenty-four (24) months from the
date of the Notice of Construction, or until execution of the Interagency Agreement referred to In
Section 1 above, whichever is later.
It is understood and agreed that the delivery of this Easement is tendered and that the terms
and obligations hereof shall not become binding upon Grantee unless and until accepted and
approved in writing by the Grantee.
Effect of Amendment: Except as expressly modified by this instrument, all terms and conditions
of the Temporary Construction Easement shall remain in full force and effect.
EXECUTED BY the City of Renton this 3day of i, 2017.
GRANTOR:
City R nton APPROVE9 AS TO F M:
Print ame: Denis Law ``��,•�` �p R'���ynted Name: Shane Moloney
Title: �( �..a„un,u, ii
Date: f - G� ''a., O '�, City Attorney
Attu* ° SEAL
/%n A. s�4 cmc, city '4F
GRANTEE:
King County
By: /JA
Printed Name: 1 " �
Title:
Date:
APPROVED AS TO FORM:
g. j_ ateL f�.vli
Printed Name: 1 r1kVbKg i� -(IRRM
Tale: County Attorney
Resolution No. 4358 Exhibit A
Return Address:
King County
Department of Natural Resources & Parks
Parks and Recreation Division
201 S. Jackson St., Room 700
Seattle, WA 98104-3855
EXHIBIT F
Form of Restrictive Covenant
LAKE TO SOUND TRAIL SEGMENT A
RESTRICTIVE COVENANT
Grantor: City of Renton, a municipal corporation of the State of Washington
Grantee: King County, a political subdivision of the State of Washington
Full Legal Description: See Exhibit A to this Restrictive Covenant
Legal Description (abbr.): An area of land lying within those parcels described in
deeds filed under KC recording Nos. 199205201349, 199406302135 and 199301130109
all located in the S%2 of Sect. 13, T. 23 N. R. 4 E. W.M.
Assessor's Tax Parcel Nos.: 3779200119, 3779200118, 3779200117, 3779200116,
1323049024, 1323049012, 1323049088 and 1323049089
This restrictive covenant for trail purposes ("Covenant") dated for convenience as
the day of , 20_, and is made and executed by and between the City of
Renton, a municipal corporation of the State of Washington ("City") and King County, a
political subdivision of the State of Washington ("County"), effective on the last date
signed below.
RECITALS
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct on property owned by the
City a portion of what is known as Segment A of the Lake to Sound Trail, a segment of
trail within the Black River Riparian Forest extending from Naches Avenue SW in
Renton to the Green River Trail in Tukwila's Fort Dent Park. The portion of Segment A
within the boundaries of the City, subject to the Interagency Agreement, is known as the
"Project."
B. The City holds fee simple title to a portion of the Project, which portion is
legally described in Exhibit A attached hereto and incorporated herein by this reference
Resolution No. 4358 Exhibit A
(the "Property").
C. The Interagency Agreement provides that, after construction by the
County and recording of this Covenant, the County will transfer ownership of the Project
improvements to the City. The County will provide long-term maintenance and
operation of the Project as a regional trail. However, the City will maintain the road
Right of Way and signals, including the new pedestrian -activated signal anticipated in the
Interagency Agreement.
D. The County represents that its construction of Segment A is in part with
County levy funds pursuant to King County Ordinance 17941, which authorizes use of
said funds to develop real property and rights of way for regional trails.
E. RCW 36.89.050 authorizes the County to construct a park or recreational
facility and transfer to a city the County's ownership interest in that facility provided
such transfer is "subject to the condition that either the facility shall continue to be used
for the same purposes or that other equivalent facilities within the [C]ounty shall be
conveyed to the [C]ounty in exchange therefor."
F. Segment A is a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound, and will provide
recreational and health benefits to residents of the City and the County.
G. The City agreed in the Interagency Agreement, and hereby further
acknowledges, that because the Property is a critical segment of the Lake to Sound Trail,
there are no equivalent facilities within the County that would serve the same purpose.
H. The City acknowledges that recording of this Covenant is a mechanism to
fulfill the obligations of RCW 36.89.050 and the Interagency Agreement.
AGREEMENT
FOR VALUABLE CONSIDERATION and other mutual benefits, the receipt and
sufficiency of which is hereby acknowledged, the City hereby binds itself, its successors
and assigns to the permanent restrictive covenants identified herein, which covenants
shall run with the land and burden the Property for the sole benefit of the County and the
County's interests in the other park, open space and trail facilities that make up the King
County system of parks, trails, and recreational facilities. The City and the County agree
that the County and its successors in interest shall have standing to enforce these
covenants. The City and the County further agree and declare that the covenants and
conditions contained herein shall bind and the benefits shall inure to, respectively, the
City and its successors and assigns and all subsequent owners of interests in the Property,
and to the County and its successors and assigns.
70
Resolution No. 4358 Exhibit A
COVENANTS
1. The City covenants that the Property shall be used in perpetuity for a
regional shared -use trail accessible to the general public on which bicycling, walking,
hiking, running, skating, and other non -motorized uses are allowed, which provides
recreational opportunities and enhances regional mobility (hereafter "Regional Trail") or
that other equivalent facilities shall be made in exchange therefore. The County
acknowledges that the provision to allow for equivalent facilities will allow for the
revision or realignment of road right of way and signal as may be needed or desired by
the City.
2. The City understands that the Property is part of the Lake to Sound Trail
and covenants that the City's Park Rules and Regulations apply to the Property except as
may be modified or supplemented by the following rules which the County intends to
apply across the entirety of the Lake to Sound Trail:
(a) No person shall cause a motorized vehicle to enter or operate upon
the Property without express permission of the City or the County.
(b) No person shall travel on the Property at a speed greater than is
reasonable and prudent under the conditions or in an otherwise negligent manner.
(c) No person shall camp on the Property.
(d) All persons must keep dogs or other pets or domestic animals on a
leash, and under control at all times. Any person whose dog or other pet is on the
Property shall be responsible for the conduct of the animal and for removing feces
deposited by such animal from the Property.
(e) No person shall allow his or her dog or other pet or domestic
animal to bite or in any way molest or annoy visitors to the Property or to bark
continuously or otherwise disturb the peace and tranquility of the Property.
(f) No person shall use tobacco products on the Property.
(g) No person shall leave rubbish or other material on the Property,
except in a garbage can or other receptacle designated for those purposes.
(h) No person shall enter or be present on the Property during hours
that the Regional Trail is closed except persons authorized by the City or the County.
(i) No person shall destroy or damage the Property. No person shall
disturb, injure or remove any vegetation or animal on the Property unless expressly
authorized to do so by the City or the County.
0) No person shall enter or remain or loiter about the Property while
in a state of intoxication.
3. The City covenants that it will not transfer or convey the Property, or any
portion thereof, except by agreement providing that such lands shall continue to be used
for a Regional Trail.
4. The City covenants that it will not limit or restrict access to and use of the
Property by non -City residents in any way that does not also apply to City residents.
71
Resolution No. 4358 Exhibit A
5. The City covenants that any and all user fees charged for use of the
Property for Regional Trail purposes, including charges imposed by any lessees,
concessionaires, service providers, and/or other assignees shall be at the same rate for
non -City residents as for City residents.
6. The City acknowledges that the County will record this Covenant in the
records of King County with the intent that it appear as notice on title of the Property.
7. Remedies. The County, its successors, designees, or assigns shall have the
following remedies against the City, its successors, designees, or assigns for violation of
this Covenant:
(a) Default. If the City fails to observe or perform any of the terms,
conditions, obligations, restrictions, covenants, representations or warranties of this
Covenant, and if such noncompliance is not corrected as after the County has provided
written notice and provided the City with a reasonable opportunity to comply, then such
noncompliance shall be considered an event of default.
(b) County's Remedies. In the case of the City's default, the County
shall be entitled to all remedies in law or in equity against the City, including without
limitation any rights: (1) to compel specific performance by the City of its obligations
under this Covenant, and (2) to restrain by injunction the actual or threatened commission
or attempt of a breach of this Covenant and to obtain a judgment or order specifically
prohibiting a violation or breach of this Covenant.
(c) Delay. Delay in enforcing the provisions hereof as to any breach
or violation shall not impair, damage or waive the right of the County to enforce the same
or obtain relief against or recover for the continuation or repetition of such breach or
violation or any other breach or violation thereof at any later time or times.
8. Indemnification. In addition to and separate from the remedy provisions
in Section 7 of this Covenant, each Party shall protect, defend, indemnify and save
harmless the other Party, its officers, officials, employees and agents while acting within
the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties, judgments, and/or damages of whatsoever kind ("Claims") arising out
of, or in connection with, or incident to the breach of any warranty under this Covenant
or the exercise of any right or obligation under this Covenant by the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise out of or
result from the other Party's own negligent acts or omissions. Each Party agrees that it is
fully responsible for the acts and omissions of its own contractors and franchisees, their
employees and agents, acting within the scope of their employment as such, as it is for
the acts and omissions of its own employees and agents. Each Party agrees that its
obligations under this paragraph extend to any Claim brought by or on behalf of the other
Party or any of its employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under Washington's
Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the
72
Resolution No. 4358
Exhibit A
extent necessary to provide the indemnified Party with a full and complete indemnity of
Claims made by the indemnitor's employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
9. Notice. Notice shall be sent to:
King County:
Director's Office
King County Department of Natural
Resources and Parks
Rm 700, King Street Center
201 S. Jackson Street
Seattle, WA 98104
With a copy to:
King County Prosecuting Attorney's
Office
Attn: Chief Civil Deputy
516 Third Avenue W400
Seattle, WA 98104
City of Renton:
Parks and Trails Director
Community Services Department
Renton City Hall, 6rh Floor
1055 South Grady Way
Renton, WA 98057
With a copy to:
Office of the City Attorney
Attn: Senior Assistant City Attorney
1055 South Grady Way
Renton, WA 98057
Any notices required to be given by the Parties shall be delivered at the addresses set
forth above. Any notices may be delivered (i) by personal service on the addressee of the
notice, (ii) by deposit with a nationally recognized overnight delivery service, or (iii) by
deposit as registered or certified mail in the United States mail, postage prepaid. Any
notice so posted in the United States mail shall be deemed received three (3) days after
the date of mailing. Any person delivering notice via an overnight delivery service shall
be responsible to confirm delivery.
10. Severability. If any provision of this Covenant shall be invalid, illegal, or
unenforceable, the validity, legality, or enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
11. Amendments. This Covenant shall be amended only by a written
instrument executed by the Parties hereto or their respective successors in title, and duly
recorded in the real property records of King County, Washington.
12. Governing Law. This Covenant shall be governed by the laws of the state
of Washington. Venue for any action concerning this Covenant shall be in King County,
Washington.
73
Resolution No. 4358 Exhibit A
IN WITNESS WHEREOF, the City and the County have executed this Covenant
on the dates set forth below.
CITY OF RENTON, a
Washington State municipal corporation
By
Denis Law, Mayor
Dated:
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
KING COUNTY, a
political subdivision of the State of Washington
By _
Name
Its
Dated:
74
Resolution No. 4358
Exhibit A
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Denis Law is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF RENTON, a
Washington State municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
T use this mace fnr nntarial damn/wall
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
space for notarial stamp/seal)
Notary Public
Print Name
My commission expires
75
Resolution No. 4358 Exhibit A
1:4:11:1111
LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL
CITY OF RENTON RESTRICTIVE COVENANT
AN AREA OF LAND FOR A RESTRICTIVE COVENANT LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH
31050'12" EAST A DISTANCE OF 463.15 FEET TO A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG A 696.00 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 09013'47" WEST
THROUGH A CENTRAL ANGLE OF 1005" 1" FOR AN ARC LENGTH OF 13.20 FEET;
THENCE ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH
A CENTRAL ANGLE OF 3039'19" FOR AN ARC LENGTH OF 67.30 FEET; THENCE NORTH
84041'05" EAST A DISTANCE OF 5.92 FEET; THENCE ALONG A 984.00 FOOT RADIUS
CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 05019'54" WEST
THROUGH A CENTRAL ANGLE OF 8011'54" FOR AN ARC LENGTH OF 140.80 FEET;
THENCE NORTH 76028'11" EAST A DISTANCE OF 9.60 FEET; THENCE ALONG A 84.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20012'19" FOR AN
ARC LENGTH OF 29.62 FEET; THENCE ALONG A 46.00 FOOT RADIUS REVERSE CURVE
TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44032'45" FOR AN ARC LENGTH OF
35.76 FEET; THENCE ALONG A 44.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 24020'26" FOR AN ARC LENGTH OF 18.69 FEET;
THENCE NORTH 76028'11" EAST A DISTANCE OF 13.70 FEET; THENCE ALONG A 334.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 52047'35" FOR AN
ARC LENGTH OF 307.75 FEET; THENCE ALONG A 516.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25020'24" FOR AN ARC
LENGTH OF 228.21 FEET; THENCE NORTH 49000'59" EAST A DISTANCE OF 318.31 FEET;
THENCE ALONG A 2016.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 5020'45" FOR AN ARC LENGTH OF 188.10 FEET; THENCE NORTH 54021'45"
EAST A DISTANCE OF 105.83 FEET; THENCE ALONG A 2766.00 FOOT RADIUS CURVE
TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16018'34" FOR AN ARC LENGTH OF
787.35 FEET; THENCE NORTH 70040'19" EAST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 616.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE
OF 8041'35" FOR AN ARC LENGTH OF 93.46 FEET; THENCE NORTH 79021'54" EAST A
DISTANCE OF 53.70 FEET; THENCE ALONG A 2516.00 FOOT RADIUS CURVE TO THE
RIGHT THROUGH A CENTRAL ANGLE OF 5055'33" FOR AN ARC LENGTH OF 260.22
FEET; THENCE NORTH 85017'28" EAST A DISTANCE OF 355.04 FEET; THENCE ALONG A
215.94 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 29034,39"
FOR AN ARC LENGTH OF 111.47 FEET; THENCE SOUTH 65007'54" EAST A DISTANCE OF
170.64 FEET; THENCE ALONG A 316.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 14003'03" FOR AN ARC LENGTH OF 77.49 FEET; THENCE ALONG
A 284.00 FOOT RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 13006'27" FOR AN ARC LENGTH OF 64.97 FEET; THENCE ALONG A 316.00 FOOT
76
Resolution No. 4358 Exhibit A
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 49048'36"
FOR AN ARC LENGTH OF 274.71 FEET; THENCE SOUTH 14022'42" EAST A DISTANCE OF
395.48 FEET; THENCE SOUTH 75*37'18" WEST A DISTANCE OF 28.00 FEET; THENCE
NORTH 14022'42" WEST A DISTANCE OF 395.48 FEET; THENCE ALONG A 288.00 FOOT
RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 49048'36" FOR AN ARC
LENGTH OF 250.37 FEET; THENCE ALONG A 312.00 FOOT RADIUS REVERSE CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 13006'27" FOR AN ARC LENGTH OF 71.38
FEET; THENCE ALONG A 288.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 14003'03" FOR AN ARC LENGTH OF 70.63 FEET;
THENCE NORTH 65007'54" WEST A DISTANCE OF 170.64 FEET; THENCE ALONG A 187.94
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 29034'39" FOR AN
ARC LENGTH OF 97.02 FEET; THENCE SOUTH 85017'28" WEST A DISTANCE OF 355.04
FEET; THENCE ALONG A 2488.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 5055'33" FOR AN ARC LENGTH OF 257.33 FEET; THENCE SOUTH
79021'54" WEST A DISTANCE OF 53.70 FEET; THENCE ALONG A 588.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8041'35" FOR AN ARC LENGTH
OF 89.21 FEET; THENCE SOUTH 70040'19" WEST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 2738.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
16018'34" FOR AN ARC LENGTH OF 779.38 FEET; THENCE SOUTH 54021'45" WEST A
DISTANCE OF 105.83 FEET; THENCE ALONG A 1988.00 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 5020'45" FOR AN ARC LENGTH OF 185.49 FEET;
THENCE SOUTH 49000'59" WEST A DISTANCE OF 318.31 FEET; THENCE ALONG A 488.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 25020'24" FOR AN
ARC LENGTH OF 215.83 FEET; THENCE ALONG A 362.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23045'50" FOR AN ARC
LENGTH OF 150.14 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL OF LAND
DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO. 199704291916;
THENCE SOUTH 59053'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 84.80 FEET;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 74013'27" WEST A DISTANCE
OF 398.35 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF MONSTER
ROAD SW; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ON A 560.00 FOOT
RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 35046,52" EAST
THROUGH A CENTRAL ANGLE OF 4039'39" FOR AN ARC LENGTH OF 45.55 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 116,710 SQUARE FEET MORE OR
LESS.
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Resolution No. 4358 Exhibit A
Return Address:
City Clerk
City of Renton
1055 South Grady Way
Renton, WA 98057
EXHIBIT G
Form of Bill of Sale
LAKE TO SOUND TRAIL SEGMENT A
QUIT CLAIM BILL OF SALE
Grantor: King County, a political subdivision of the State of Washington
Grantee: The City of Renton, a municipal corporation of the State of Washington
Legal Description (abbr.): SW 1/4, Sec. 13, Twn. 23, Rng. 4
Assessor's Tax Parcel No.: 3779200119, 3779200118, 3779200117, 3779200116,
1323049012, 1323049024, 1323049088 and 1323049089.
This Quit Claim Bill of Sale is made this _ day of , 20_ between King
County, a political subdivision of the State of Washington ("Grantor"), and the City of
Renton, a municipal corporation of the State of Washington ("Grantee") and collectively
referred to as "the Parties."
WITNESSETH:
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct a portion of what is known
as Segment A of the Lake to Sound Trail, a segment of trail traversing the Black River
Riparian Forest crossing Monster Road SW and passing under the railroad tracks into
Tukwila at Fort Dent Park. The portion of Segment A within the boundaries of the City,
subject to the Interagency Agreement, is known as "the Project".
B. The Interagency Agreement provides that, after construction of the Project
by the County and recording of a Restrictive Covenant by the City requiring the property
on which the trail was built to be used in perpetuity for a Regional Trail, the County will
transfer to the City ownership of the Project improvements located on or within real
property within the right of way for Monster Road SW ("Right of Way Property") legally
described in Exhibit A and figures shown in Exhibit B attached hereto and incorporated
herein.
Resolution No. 4358 Exhibit A
C. All of the conditions and circumstances set forth in the Interagency
Agreement for transfer of ownership of the Project improvements have been met.
NOW THEREFORE, in consideration of the mutual covenants between the
Parties recited herein, the receipt and adequacy of which is hereby acknowledged,
Grantor hereby absolutely and unconditionally quitclaims, grants, sells, transfers,
releases, confirms and delivers to Grantee, all of Grantor's right, title and interest in and
to any and all Project improvements, fixtures, equipment, furnishings, and other tangible
property owned by Grantor and located on the property described in Exhibit A and
Exhibit B, including, but not limited to the following and their components: curbing,
catch basins, drains, inlets, piping, conduits, trenches, asphalt, concrete, signage, striping,
electrical components, fencing, lighting, base materials, piles, boardwalks, bollards,
markers, driveways, covers, frames, railings, retaining walls, rebar, wire fabric, and
landscaping ("Improvements");
The Grantor and Grantee agree that the transfer and sale of the Improvements is
"as is where is" and that the Grantor makes no warranty nor representation express or
implied regarding the fitness, quality, design and condition, capacity, suitability or
performance of the Improvements.
Dated this day of , 20_
GRANTOR: KING COUNTY GRANTEE: CITY OF RENTON
i
Its
It3,•E
Denis Law
Its Mayor
ATTEST:
Jason A. Seth, City Clerk
Resolution No. 4358
Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know
or have satisfactory evidence that
is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the
of KING COUNTY, a political
subdivision of the State of Washington, to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
Resolution No. 4358 Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as
the Mayor of the CITY OF RENTON, a Washington State municipal corporation, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
Resolution No. 4358 Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL
CITY OF RENTON BILL OF SALE
AN AREA OF LAND FOR AN INTERLOCAL AGREEMENT BEING A PORTION OF THE
MONSTER ROAD SW RIGHT OF WAY LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF
RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 FROM WHICH THE
SOUTH QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 87027'18" EAST A
DISTANCE OF 2692.79 FEET; THENCE NORTH 50046'32" EAST A DISTANCE OF 352.59
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID MONSTER ROAD
SW AND TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED SEGMENT;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 81 °58'12" EAST A DISTANCE OF 5.39
FEET; THENCE ALONG A 75.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 17047'29" FOR AN ARC LENGTH OF 23.29 FEET; THENCE NORTH
64010'43" EAST A DISTANCE OF 18.79 FEET; THENCE ALONG A 105.00 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 41 °02'57" FOR AN ARC
LENGTH OF 75.23 FEET; THENCE SOUTH 74046'20" EAST A DISTANCE OF 107.21 FEET;
THENCE ALONG A 5.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 96010'47" FOR AN ARC LENGTH OF 8.39 FEET; THENCE NORTH 09002'53"
EAST A DISTANCE OF 43.86 FEET; THENCE ALONG A 5.00 FOOT RADIUS CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 22034'42" FOR AN ARC LENGTH OF 1.97
FEET; THENCE NORTH 13031'49" WEST A DISTANCE OF 2.25 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID MONSTER ROAD SW; THENCE ALONG SAID
NORTHERLY RIGHT OF WAY LINE ON A 560.00 FOOT RADIUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS NORTH 01 021'25" EAST THROUGH A CENTRAL ANGLE OF
3053'25" FOR AN ARC LENGTH OF 38.02 FEET;THENCE ALONG A 42.00 FOOT RADIUS
CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 86059'22" WEST
THROUGH A CENTRAL ANGLE OF 6002'15" FOR AN ARC LENGTH OF 4.43 FEET;
THENCE SOUTH 09002'53" WEST A DISTANCE OF 43.86 FEET; THENCE ALONG A 42.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 96010'47" FOR
AN ARC LENGTH OF 70.50 FEET; THENCE NORTH 74046'20" WEST A DISTANCE OF
107.21 FEET; THENCE ALONG A 68.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 41 °02'57" FOR AN ARC LENGTH OF 48.72 FEET; THENCE SOUTH
64010'43" WEST A DISTANCE OF 15.42 FEET TO A POINT ON SAID SOUTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW; THENCE ALONG SAID SOUTHERLY RIGHT OF
WAY LINE ON A 238.99 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH
BEARS NORTH 21 °12'43" EAST THROUGH A CENTRAL ANGLE OF 12038'43" FOR AN ARC
LENGTH OF 52.75 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 10,661 SQUARE FEET, MORE OR LESS
Resolution No. 4358 Exhibit A
TOGETHER WITH THE FOLLOWING DESCRIBED SEGMENT:
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 13; THENCE NORTH
31050'12" EAST A DISTANCE OF 463.15 FEET TO A POINT ON SAID NORTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG A 696.00 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 09013'47" WEST
THROUGH A CENTRAL ANGLE OF 1005'11" FOR AN ARC LENGTH OF 13.20 FEET;
THENCE ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH
A CENTRAL ANGLE OF 3039'19" FOR AN ARC LENGTH OF 67.30 FEET; THENCE NORTH
84041'05" EAST A DISTANCE OF 5.92 FEET; THENCE ALONG A 984.00 FOOT RADIUS
CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 05019'54" WEST
THROUGH A CENTRAL ANGLE OF 8011'54" FOR AN ARC LENGTH OF 140.80 FEET;
THENCE NORTH 76028" 1" EAST A DISTANCE OF 9.60 FEET; THENCE ALONG A 84.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20012'19" FOR
AN ARC LENGTH OF 29.62 FEET; THENCE ALONG A 46.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44032'45" FOR AN ARC
LENGTH OF 35.76 FEET; THENCE ALONG A 44.00 FOOT RADIUS REVERSE CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 24020'26" FOR AN ARC LENGTH OF 18.69
FEET; THENCE NORTH 76028'11" EAST A DISTANCE OF 13.70 FEET; THENCE ALONG A
334.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 52047'35"
FOR AN ARC LENGTH OF 307.75 FEET; THENCE ALONG A 516.00 FOOT RADIUS
REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25020'24" FOR AN
ARC LENGTH OF 228.21 FEET; THENCE NORTH 49000'59" EAST A DISTANCE OF 318.31
FEET; THENCE ALONG A 2016.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 5020'45" FOR AN ARC LENGTH OF 188.10 FEET; THENCE NORTH
54021'45" EAST A DISTANCE OF 105.83 FEET; THENCE ALONG A 2766.00 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16018'34" FOR AN ARC
LENGTH OF 787.35 FEET; THENCE NORTH 70°40'19" EAST A DISTANCE OF 221.54 FEET;
THENCE ALONG A 616.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 8041'35" FOR AN ARC LENGTH OF 93.46 FEET; THENCE NORTH 79021'54"
EAST A DISTANCE OF 53.70 FEET; THENCE ALONG A 2516.00 FOOT RADIUS CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 5055'33" FOR AN ARC LENGTH OF 260.22
FEET; THENCE NORTH 85017'28" EAST A DISTANCE OF 355.04 FEET; THENCE ALONG A
215.94 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 29034'39"
FOR AN ARC LENGTH OF 111.47 FEET; THENCE SOUTH 65007'54" EAST A DISTANCE OF
170.64 FEET; THENCE ALONG A 316.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 14003'03" FOR AN ARC LENGTH OF 77.49 FEET; THENCE ALONG
A 284.00 FOOT RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 13006'27" FOR AN ARC LENGTH OF 64.97 FEET; THENCE ALONG A 316.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 49048'36"
FOR AN ARC LENGTH OF 274.71 FEET; THENCE SOUTH 14°22'42" EAST A DISTANCE OF
395.48 FEET; THENCE SOUTH 75037'18" WEST A DISTANCE OF 28.00 FEET; THENCE
NORTH 14022'42" WEST A DISTANCE OF 395.48 FEET; THENCE ALONG A 288.00 FOOT
RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 49048'36" FOR AN ARC
LENGTH OF 250.37 FEET; THENCE ALONG A 312.00 FOOT RADIUS REVERSE CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 13006'27" FOR AN ARC LENGTH OF 71.38
FEET; THENCE ALONG A 288.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 14°03'03" FOR AN ARC LENGTH OF 70.63 FEET;
Resolution No. 4358 Exhibit A
THENCE NORTH 65007'54" WEST A DISTANCE OF 170.64 FEET; THENCE ALONG A 187.94
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 29034,39" FOR AN
ARC LENGTH OF 97.02 FEET; THENCE SOUTH 85017'28" WEST A DISTANCE OF 355.04
FEET; THENCE ALONG A 2488.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 5055'33" FOR AN ARC LENGTH OF 257.33 FEET; THENCE SOUTH
79021'54" WEST A DISTANCE OF 53.70 FEET; THENCE ALONG A 588.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8041'35" FOR AN ARC LENGTH
OF 89.21 FEET; THENCE SOUTH 70°40'19" WEST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 2738.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
16018'34" FOR AN ARC LENGTH OF 779.38 FEET; THENCE SOUTH 54021'45" WEST A
DISTANCE OF 105.83 FEET; THENCE ALONG A 1988.00 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 5020'45" FOR AN ARC LENGTH OF 185.49 FEET;
THENCE SOUTH 49000'59" WEST A DISTANCE OF 318.31 FEET; THENCE ALONG A 488.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 25020'24" FOR AN
ARC LENGTH OF 215.83 FEET; THENCE ALONG A 362.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23045'50" FOR AN ARC
LENGTH OF 150.14 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL OF LAND
DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO. 199704291916;
THENCE SOUTH 59053'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 84.80 FEET;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 74013'27" WEST A DISTANCE
OF 398.35 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF MONSTER
ROAD SW; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ON A 560.00 FOOT
RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 35046'52" EAST
THROUGH A CENTRAL ANGLE OF 4039'39" FOR AN ARC LENGTH OF 45.55 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 116,710 SQUARE FEET MORE OR
LESS
THE TOTAL OF BOTH OF THE HEREIN DESCRIBED SEGMENTS CONTAINING 127,371
SQUARE FEET MORE OR LESS
91
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Resolution No. 4358 Exhibit A
Exhibit H
ENCUMBRANCES ON CITY'S REAL PROPERTY
LAKE TO SOUND TRAIL PROJECT
Exceptions on Limited Liability Guarantee No. 40207503-1-E, Not Split Out Per Parcel:
No.
Description:
111
Reservations contained in deed from the State of Washington recorded under
Recording No. 5780049, reserving to the grantor all oil, gases, coal, ores, minerals,
fossils, etc., and the right of entry for opening, developing and working the same, and
providing that such rights shall not be exercised until provision has been made for full
payment of all damages sustained by reason of such entry.
Right of State of Washington or its successors, subject to payment of compensation
therefor, to acquire rights -of -way for private railroads, skid roads, flumes, canals,
water courses or other easements for transporting and moving timber, stone, minerals
and other products from this and other land, as reserved in deed referred to above.
12
Reservations of Mineral Rights:
Reserved by: Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Recorded: February 20, 1980, September 30, 1980 and October 21, 1981
Recording Nos.: 8002220257, 8009300609, 8009300611 and 8110210021
Note: no examination was made to determine the present record owner of the above
minerals, or mineral lands and appurtenant rights thereto, or to determine matters
which may affect the land or rights so reserved.
13
Reservations of all minerals, including, but not limited to, coal, iron, natural gas and
oil, together with the right to explore for and dispose of said minerals.
Reserved by: Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Recorded: June 6, 1983
Recording Nos.: 8306060006 and 8306060007
Note: no examination was made to determine the present record owner of the above
minerals, or mineral lands and appurtenant rights thereto, or to determine matters
which may affect the land or rights so reserved.
16
Easement and the Terms and Conditions Thereof:
Grantee: King County
Purpose: Construction and maintenance of a wing wall
The Exception numbers in this Appendix are the same as those in the Limited Liability Guarantee No. 40207503-
1-E, issued by Title Resources Guaranty Company through CW Title Company, dated March 7, 2018.
Ok]
Resolution No. 4358 Exhibit A
Area affected: A portion of said premises
Recorded: March 5, 1970
Recording No.: 6626569
21
All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, disclosed by the unrecorded Plat of Renton Shorelands Second Supplemental.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property.
22
All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, disclosed by the Lot Line Adjustment recorded under Recording No.
8312229001.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property.
24
Restrictive Covenant and the Terms and Conditions Thereof:
Recorded: June 30, 1994
Recording No.: 9406302136
Regarding: Shoreline public use, recreation purposes and habitat conservation
26
Agreement and the Terms and Conditions Thereof:
Recorded: January 5, 1983
Recording No.: 8301050539
Regarding: Rezoning, easements for greenbelt, open space, wildlife habitat, flood
control, access and utility lines
27
Common Area Cost -Sharing Agreement and the Terms and Conditions Thereof:
Recorded: July 23, 1990
Recording No.: 9007230853
28
Agreement and the Terms and Conditions Thereof:
Recorded: May 20, 1992
Recording No.: 9205201351
Regarding: Access
100
Resolution No. 4358 Exhibit A
29
Deed of Right to Use Land for Conservation Purposes and the Terms and Conditions
Thereof:
Between: City of Renton
And: State of Washington
Recorded: July 20, 1995
Recording No.: 9507201120
33
Matters set Forth by Survey:
Recorded: May 22, 2000
Recording No.: 20000522900004
34
Private easements rights, if any, of adjacent owners over vacated streets and alleys;
unrecorded, common law, private easement rights may persist despite cessation of
public easement by: 1) non -user statute, RCW 36.87.090; or 2) by vacation or release
of public interest.
35
Any restrictions on the use of the land resulting from the rights of the public or riparian
owners to use any portion which is now, or has been, covered by water.
Exceptions on Limited Liability Guarantee No. 40207503-1-E, Parcel Specific and
Depicted on Appendix Map:
No.
Description:
14
Easement Disclosed by Instruments and the Terms and Conditions Thereof:
Purpose: Storm sewer drainage and natural gas pipeline
Area affected: A portion of said premises
Recorded: October 25, 1960 and August 28, 1964
Recording Nos.: 5216161 and 5780049
Shown on the Appendix Map as Title Exception No. 14, the pink double dash line,
and note 4.
15
Easement Disclosed by Instruments and the Terms and Conditions Thereof:
Grantee: King County Drainage District No. 1
Purpose: Drainage ditch
Area affected: A portion of said premises
Recorded: October 25, 1960 and August 28, 1964
Recording Nos.: 5216161 and 5780049
101
Resolution No. 4358 Exhibit A
Shown on the Appendix Map as Title Exception No. 15, the pink double dash line,
and note 4.
17
Easement and the Terms and Conditions Thereof:
Purpose: 65-foot Strip Right -of -Way for ingress and egress
Area affected: A portion of said premises
Recorded: February 22, 1980
Recording No.: 8002220257
Shown on the Appendix Map as Title Exception No. 17, the black cross -hatch area,
and note 4.
18
Easement and the Terms and Conditions Thereof.
Purpose: 65-foot Strip Right -of -Way for Railroad purposes
Area affected: A portion of said premises
Recorded: October 21, 1981
Recording No.: 8110210021
Shown on the Appendix Map as Title Exception No. 18, the black cross -hatch area,
and note 1.
19
Easement and the Terms and Conditions Thereof.
Purpose: 60-foot Strip Right -of -Way for ingress, Egress and Utilities
Area Affected: A Portion of Said Premises
Recorded: November 15, 1988
Recording No.: 8811151497
Shown on the Appendix Map as Title Exception No. 19, the purple hatch area, and
note 2.
20
Easement and the Terms and Conditions Thereof:
Grantee: King County
Purpose: Temporary construction for the Lake to Sound Trail
Area affected: A portion of said premises
Recorded: February 6, 2017
Recording No.: 20170206000242
Shown on the Appendix Map as the black dash line and note 5.
102
Resolution No. 4358 Exhibit A
23
All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, disclosed by the Lot Line Adjustment recorded under recording no. 9205219005.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property. (Affects: Parcel A)
Shown on the Appendix Map as Title Exception No. 23, the 60-foot easement in
purple hatch area, the blue hatch area, and note 3.
25
Agreements Contained in Instruments and the Terms and Conditions Thereof:
Recorded: February 22, 1980, April 24, 1980 and September 30, 1980
Recording Nos.: 8002220257, 8004240435, 8009300609 and 8009300611
Regarding: Maintenance fees
Shown on the Appendix Map as Title Exception No. 25, the black cross -hatch area,
and note 3.
30
Matters set Forth by Survey:
Recorded: January 30, 1980
Recording No.: 8001309003
Shown on the Appendix Map as Title Exception No. 30, the black cross -hatch area,
and the pink double dash line.
31
Matters set Forth by Survey:
Recorded: October 8, 1980
Recording No.: 8010089004
Shown on the Appendix Map as Title Exception No. 31, the black cross -hatch area,
and the pink double dash line.
32
Matters set Forth by Survey:
Recorded: October 8, 1980
Recording No.: 8010089005
Shown on the Appendix Map as Title Exception No. 32 and the black cross -hatch
area.
Other Encumbrances Not Specified on Limited Liability Guarantee No. 40207503-1-E:
Possible drainage onto the City's Real Properties via daylighted culvert(s), 12" clay pipe(s), or
other pipe(s) from properties to the north of the Right -of -Way for Railroad purposes, shown on
the Appendix Map as the black hatch area.
WIN