HomeMy WebLinkAboutA 20160201000402 Recording Requested By And
When Recorded Mail To:
City of Seattle SPU-WTR CONFORMED COPY
700 5th Ave, Suite 4900
Box 34018
Se 20160201000402
Seattle WA 98124-4018
SEA PUBLIC UTI EAS 159.00
PAGE-001 OF 014
02/01/2016 10:57
ROADWAY EASEMENT and AGREEMENT
Reference#s of Document Released or Assigned: None
Grantor. The City of Seattle.Seattle Public Utilities
Grantee. The City of Renton
Legal Description(abbreviated) Portion of The City of Seattle Cedar River Pipeline right of way in the SE
1/4 of Section 21,Twp.23 North,Range 5 East,W.M.,King County,WA
Assessor's Tax Parcel ID#• Portion of 2123059062
Attachment 1 to SPU to City of Renton Roadway Easement 124th Place SE ORD-SPU R/W File#371-611
This ROADWAY EASEMENT AND AGREEMENT("Agreement")is made this—day of
2015,by and between the City of Seattle,a municipal corporation of the State of Washington,acting
by and through Seattle Public Utilities("City"),and the City of Renton,a municipal corporation of the
state of Washington("Renton").
RECITALS
Whereas,the Renton School District owned a large tract of property in the Tiffany Park area of
Renton,which it determined was surplus to its needs and agreed to sell the property to a
developer,Henley USA,LLC,a Washington Limited Liability Company("Henley USA"),
and
Whereas,Henley USA proposes to develop the former Renton School District property into a
residential subdivision(the"Reserve at Tiffany Park Development"),and
Whereas,the City of Renton requires two(2)locations for ingress and egress,for the Reserve at
Tiffany Park Development,and
Whereas,one of the required locations for ingress and egress must cross the Cedar River Pipeline right
of way on the south margin of the Reserve at Tiffany Park Development in order to connect
the existing 124th Place SE,which terminates at the southern boundary of the Cedar River
Pipeline,to the new Reserve at Tiffany Park Development,which is located north of the Cedar
River Pipeline,and
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Whereas,the City of Seattle is willing to grant to the City of Renton this easement for the 124th Place
SE roadway crossing and related drainage facilities, and
Whereas, it is anticipated that Henley USA will construct the 124th Place SE roadway crossing and
related drainage facilities;
NOW THEREFORE,for and in consideration of ONE and NO/100 Dollar($1.00),and the mutual
covenants and agreements hereinafter set forth herein,and other valuable consideration, it is
agreed by and between the parties hereto as follows:
A. EASEMENT GRANT AND AGREEMENT
I. Subject to the purpose,terms,conditions,and restrictions herein described,THE CITY OF
SEATTLE,a municipal corporation of the State of Washington,acting by and through Seattle
Public Utilities,hereinafter called"City," hereby grants to THE CITY OF RENTON,a
municipal corporation of the State of Washington,hereinafter called"Renton," and to such
municipal corporations as may become its successor by reason of incorporation or annexation
of territory,including all or any part of the area below described, nonexclusive easements for
an ingress and egress roadway, including related slope and drainage utility purposes,and a
temporary construction easement, upon,under and across that portion of City's Cedar River
Pipeline right of way,as legally described and depicted in Exhibits A, B,and C, attached
hereto(the"Easement Area").
B. CITY'S USE OF THE EASEMENT AREA
1. City shall have the right to install, repair,replace,maintain,operate and make lateral
connections to any of its existing or future water supply lines and appurtenances,electrical
transmission and distribution facilities,or other City improvements within said easement area.
2. City shall notify Renton of any direct interference or damage to roadway, storm drainage
facilities or other Renton improvements caused by or resulting from any City work or
operation within the Easement Area. Renton shall proceed to take such action(s)as may be
necessary to ensure the integrity of Renton improvements and the safety of the public.
3. City shall not be liable for the relocation or repair of said roadway,related drainage facilities,
or other Renton improvements within the Easement Area by reason of such work or operations
or for damage to roadway,storm drainage facilities or other Renton improvements within said
easement area,except where such damage is caused by the sole or comparative negligence of
the City, its agents or employees.
4. City reserves the right to grant or deny permission to use or occupy the Easement Area for any
other purpose, including use by Renton or other utility agencies;provided that such use or
occupancy shall not unreasonably conflict with the purposes herein granted.
C. RENTON'S USE OF THE EASEMENT AREA
I. Renton shall be responsible for the maintenance of a public roadway and related storm
drainage system within the Easement Area,which shall be at no cost or expense to City.
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2. The use of the Easement Area by Renton shall in no way interfere with present or future use of
said property by City for water supply lines, overhead or underground electrical transmission
or distribution facilities,or for other City purposes
D. COMPLIANCE WITH LAWS AND REGULATIONS
1. The use of the Easement Area is subject to all applicable rules,regulations and laws governing
the construction,operation and maintenance of such use, including environmental laws.
2. Purpose,terms,conditions,and restrictions herein described shall not be construed to replace
or to be used in lieu of any permit or licenses which may be required,granted or supervised by
any agency or subdivision of government with jurisdiction over Renton's facilities or the
Reserve at Tiffany Park Development.
3. Renton has not relied on the City for assessing site conditions or determining the suitability of
the site conditions to accommodate Renton's construction activities within the Easement Area
or for the Reserve at Tiffany Park Development.
E. CONSTRUCTION OF ROAD AND DRAINAGE FACILITIES WITHIN THE EASEMENT AREA
1. Renton shall ensure that Henley USA and Henley USA's successors,heirs,and assigns,
construct the roadway and storm drain facilities in accordance with plans approved by Seattle
Public Utilities, and to the specifications of any agency or subdivision of government,
including the City of Renton,having jurisdiction,but in no case to specifications of a lower
standard than those of the American Association of Highway and Transportation Officials
HS20-44 Standard Truck Loading.
2. For the purpose of controlling access to the City's right of way at the location of the Easement
Area,at no expense to the City, Renton shall be responsible to ensure that right of way gates,
guardrail,fencing or other traffic control devices are installed and maintained as required and
approved by the City.There shall be a right of way gate,movable guardrail,movable fencing,
or other traffic control devices installed on the east and west side of the Easement Area at the
point of access to the City's right of way patrol road.
3. At the grade transition between the City's right of way patrol road and the finished roadway
within the Easement Area,the grade shall be designed to the approval of the City and shall
allow for City vehicles and equipment to be moved across the Easement Area using the City's
right of way patrol road.
4. If,as a result of any construction activities,any City infrastructure is damaged,or at risk of
damage,Renton or its agents or its permittees, including without limitation Henley USA, shall
immediately phone Seattle Public Utilities at(206)386-1800.
5. If,as a result of any construction activities,there has been an injury or death,Renton or its
agents or its permittees,including without limitation Henley USA,shall immediately phone
Seattle Public Utilities at(206)386-1800.
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6. Before undertaking the construction,or future reconstruction,repairs or maintenance of the
roadway and related drainage facilities,or other construction activities,plans and
specifications must be submitted to,and approved in writing by Seattle Public Utilities. Such
plans shall indicate the permanent grade established and depth of cover over any existing
pipelines and other existing utilities,and the drainage pattern.
7. Before initial access to the Easement Area for construction traffic of any kind is made,
including but not limited to site construction of the Reserve at Tiffany Park Development,and
delivery of materials;plans and specifications must be submitted to,and approved in writing
by Seattle Public Utilities.The City may require temporary or permanent pipe protection
systems such as bridging,as necessary to protect the essential municipal utility system
infrastructure from loading and settlement impacts especially during construction of the
Reserve at Tiffany Park Development,which shall be at no cost or expense to the City.
Approval for construction access need only be obtained once from the City.That is,Renton,
its agents or permittees, including without limitation Henley USA, need not obtain separate
approvals for subsequent home construction following the access approval for the initial site
construction at the Reserve at Tiffany Park Development.
S. This easement specifically does not allow any City utility infrastructure within the Easement
Area to be altered, moved,or adjusted,unless plans and specifications have been submitted to,
and approved in writing by Seattle Public Utilities,any other City Department,or other entity
already operating infrastructure within the Easement Area. If approved,all alterations,moving
or adjusting of infrastructure shall be paid for by Renton or its agents or its permittees,
including without limitation Henley USA.
9. The City has the right to stop work or modify any approved plans,if the City determines that
work is not being performed as approved,there is a safety issue,or that City facilities or the
facilities of others are at risk.
10. At the City's option,throughout the term of this use,the City may require Renton to reimburse
the City any taxes,fees or assessments on the improvements installed,operated and
maintained in the Easement Area,and on any property interest deemed by the County
assessor,or other official of the State of Washington or other entity responsible thereof,
created by this easement and shall otherwise fulfill all fiscal obligations required by law.This
provision specifically includes Surface Water Management Fees.
11. No City approval contemplated by this Agreement may be taken as an assumption of liability
or a representation that any submission is in compliance with any applicable laws,standards,
or regulations.
F. UTILITIES IN THE EASEMENT AREA
1. In addition to the Purposes of this Agreement,other public utilities may be allowed in the
Easement Area by City permit,subject to plans and specifications being submitted to,and
approved in writing by Seattle Public Utilities.Approval shall not be unreasonably withheld.
Public utilities are defined as governmental or quasi-governmental entities or legally
registered companies providing public utility services. Seattle Public Utilities will charge its
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then applicable fees for the permit, including administration of the application and writing the
permit,plan review,and operational oversight of the proposed installation.
2. Utility agencies must restore the roadway and Easement Area at the time of the utility
installation. Restoration shall be only as approved by both the City and Renton,and to the
specifications of any agency or subdivision of government having jurisdiction.
G. RELEASE AND INDEMNIFICATION
1. Renton shall defend, indemnify and hold harmless City,City's officials,employees,agents,
and representatives from and against any and all claims, liens,demands,actions,costs,losses,
expenses,harm,damages,and liability of any kind or character asserted or arising from,on
account of,or in connection with: (a)Renton's exercise of its rights and obligations under this
Agreement,(b)the acts or omissions of Renton(and Renton's officials,employees,agents,
consultants,contractors,representatives,or licensees in or upon the Easement Area),or(c)
any damage to or failure of the roadway,storm drain or other Renton improvements resulting
in any damage or injury to any person or property,or any interest of any person or entity
whatsoever;provided however,nothing herein shall require Renton to so indemnify and hold
harmless City to the extent of the negligence or other fault on the part of the City, its officials,
employees,agents,consultants,contractors,representatives or licensees.
2. Renton agrees to maintain compliance with any and all environmental laws and not to cause or
permit the Easement Area to become contaminated with any hazardous substances in violation
of such environmental laws. In the event that any property becomes contaminated as a result
of the use of the Easement Area by Renton, its officials,employees, agents,consultants,
contractors,representatives, licensees, invitees or visitors, Renton agrees to clean up and
remediate damage to such property and to bring it into compliance with the environmental
laws. Renton agrees to indemnify,release and hold harmless the City from any environmental
liability which may arise out of,result from,or be related to the past,present,or future
contamination of the Easement Area by Renton, its officials,employees,agents,consultants,
contractors,representatives, licensees, invitees or visitors. For purposes of this paragraph,
"environmental laws"shall mean any local,state or federal law,regulation,ordinance,order
or other source of law,now or hereafter in effect relating to the protection of human health or
the environment including,but not limited to:the Federal Clean Air Act;the Federal Water
Pollution Control Act;the Federal Safe Drinking Water Act; the Federal Comprehensive
Environmental Response Compensation and Liability Act,as amended by the Superfund
Amendments and Reauthorization Act of 1986;the Federal Resource Conservation and
Recovery Act,as amended by the Solid and Hazardous Waste Amendments of 1984;the
Federal Occupational Safety and Health Act;the Federal Emergency Planning and Right-to-
Know Act of 1986;the Federal Hazardous Materials Transportation Control Act of 1980;the
Federal Water Act of 1977;the Federal Insecticide,Fungicide and Rodenticide Act;the
Federal Waste Management Recovery and Recycling Act;the Washington Hazardous Waste
Management Act;the Washington Hazardous Waste Fees Act;Washington Model Toxics
Control Act;the Washington Nuclear Energy and Radiation Act;the Washington Radioactive
Waste Storage and Transportation Act;the Washington Underground Petroleum Storage
Tanks Act;and any regulations promulgated thereunder from time to time.
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3. Any and all damage or injury done to the Easement Area, City municipal utility facilities, or
existing facilities of others,resulting from construction in,and the use of,the Easement Area
by Renton or its agents or its permittees, including without limitation Henley USA,for the
Purposes described in this Easement,must be repaired to the City's and/or other facility
owner's satisfaction within thirty(30)days of the occurrence of such damage or of
notification to Renton by the City or other facility owner of the existence of such damage, at
the sole cost and expense of Renton or its agents or its permittees, including without limitation
Henley USA. Renton agrees to require an insurance policy of any of its permittees, including
without limitation Henley USA, in an amount adequate to cover any and all damages to the
Easement Area during the construction phase,not less than $5 million.
4. If Renton,or its agents or its permittees, including without limitation Henley USA,has not
corrected,or made an acceptable agreement with City to correct any condition caused by
Renton,or any responsible agents or permittees, that the City determines as unacceptable
within thirty(30)days of notification by City,City may perform such work,and all reasonable
costs incurred shall be paid by Renton,or any responsible agents or permittees, within 30
days of receipt of an invoice for the work.City may act immediately for conditions which
pose a threat to public health,safety or the environment. Any late payments will be charged
1%per month interest.
H. GOVERNING LAW
1. This Agreement shall be construed and governed under Washington Law. Venue for any
action between the parties arising from the subject matter of this Agreement will be in King
County Superior Court.
I. SEVERABILITY
1. If any provision of this Agreement is found to be invalid,the remainder of the provisions of this
Agreement that are not materially altered or invalidated shall remain in full force and effect.
2. This Agreement,and each of the terms,provisions,conditions and covenants herein shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
J. CONTACTS
CITY OF SEATTLE—SEATTLE PUBLIC UTILITIES: (206)386-1800
CITY OF RENTON—DEPARTMENT OF TRANSPORTATION (425)430-7311
REMANDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK
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In the event Renton,or such other municipal corporation as may have become its successor with
respect to the subject property,ceases to use the Easement Area for the roadway and storm drainage
purposes,the easement granted herein shall forthwith terminate.
This Agreement is hereby granted pursuant to City of Seattle Ordinance: I,2 5
IN WITNESS WHEREOF,the parties have caused this instrument to be executed.
THE CITY OF SEATTLE THE CITY OF RE ON
(A-kit 11007
Ray Hoffman, Director Gregg Zit",pe
Seattle Public Utilities The City of Renton
I 1 {0 2),6/ i•b
Date Date
Pursuant to Ordinance 12- 9 V
City of Seattle,Seattle Public Utilities Acknowledgment
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day,before me the undersigned Notary Public in and for
the State of Washington,duly commissioned and sworn, personally appeared Ray Hoffman to me
known to be the Director of Seattle Public Utilities that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said agency,for the
uses and purposes therein mentioned,and on oath stated that he was authorized to execute the said
instrument.
WITNESS my hand and official seal this I day of J ova ,20‘
A1-441111111.4‘...64-° / /i
outwit/utwit/ Notary Public in and for the State of
aoti.EN %y•••iiiiiiiiiii 1)e A)Ai 1 ( EA/
z.Q:: 0��� residing atS--e.-1.77- 2-re.=>
30igt O` w:OC
*V' tio.tar
iiiiiiiiiiiiii
.„rR�***** `��� My appointment expires j ae/7
Page 7 of 14
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City of Renton Acknowledgement
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that lel,res3ill'Vtvtil€iY/►'lt�v� signed
this instrument,on"oath stated that(s)he is authorized to execute the instrument and acknowledged it
as the?tt, ti 40d ks Advwil_ S-}c4oc of the City of Renton to be the free and voluntary act
of such parties for the uses and purposes mentioned in this instrument.
WITNESS my hand and official seal this i(ate day of Imo. .Q-C4.-t A OeV ,2015.
• 1'1 0 A v ,
tffillO611/4641‘Ir4.1
Notary Pu iic in and for t�State NkiCavat
residing at NWJG!-SH'�e,f Ki�Gj
1""r00
4: 4ver, My appointment expires 11/ j ZOl
Page 8 of 14
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EXHIBIT"A"
PAGE 1 OF 2
LEGAL DESCRIPTION
EASEMENT FOR AN INGRESS AND EGRESS
PUBLIC ROADWAY AND RELATED DRAINAGE
A strip of land 53.00 feet in width over, under and across that portion of the Cedar River Pipeline
Right-of-Way, being in the Southwest quarter of the Southeast quarter of Section 21, Township
23 North, Range 5 East, Willamette meridian, having 26.50 feet of such width lying on each side
of the following described centerline:
COMMENCING at the Southeast corner of Lot 8 of the Plat of Tiffany Park Division 3, recorded
in Volume 109 Page 16, being in the North margin of said pipeline Right-of-Way;
THENCE South 78°57'46" East, 29.02 feet along the Northerly margin of the Cedar River
Pipeline Right-Of-Way to the TRUE POINT OF BEGINNING of herein described centerline;
THENCE South 11°02'14"West, 100.00 feet to the Southerly margin of the Cedar River Pipeline
Right-Of-Way and the terminus.
The sidelines of said strip shall be shortened or lengthened as necessary to intersect with the
margins of said pipeline.
Ll
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'O'�'AL LAN v
ti<<..... ..., 8/27/1,,,,;
Project: Reserve at Tiffany Park
Job No. 16055
July 2, 2014
Revised: August 27, 2015
BDG/stm
16055L.001.doc
16512EXH02.dwg Page 9 of 14
•
EXHIBIT "A°
-
-
PAGE 2 OF 2
111 / >-
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�
G"AS' 18215 72Ns KENT, WAO8032AVENUE SOUTH TIFFANY PARK 16055L.004.DOC
G y (425)251-6222
(425)251-8782 FAX Title: EASEMENT FOR AN INGRESS
It
? CML ENGINEERING, LAND EGRESS PUBLIC ROADWAY AND Page 10 of 14
�e, c_ • PLANNING, SURVEYING, RELATED DRAINAGE
''1'C ENo'�- ENVIRONMENTAL SERVICES
DESIGNED _____1'.XX__ 'DRAWN STM I CHECKED ___BaG 'APPROVED____3DG,_ I DATE ._8%_17/14__ J
EXHIBIT"B"
PAGE 1 OF 2
LEGAL DESCRIPTION
105' SLOPE EASEMENT
A strip of land 105.00 feet in width over, under and across that portion of the Cedar River
Pipeline Right-of-Way, being in the Southwest quarter of the Southeast quarter of Section 21,
Township 23 North, Range 5 East, Willamette meridian, having 52.5 feet of such width lying on
each side of the following described centerline:
COMMENCING at the Southeast corner of Lot 8 of the Plat of Tiffany Park Division 3, recorded
in Volume 109 Page 16, being in the North margin of said pipeline Right-of-Way;
THENCE South 78°57'46" East, 16.52 feet along the Northerly margin of the Cedar River
Pipeline Right-Of-Way to the TRUE POINT OF BEGINNING of herein described centerline;
THENCE South 11°02'14"West, 100.00 feet to the Southerly margin of the Cedar River Pipeline
Right-Of-Way and the terminus.
The sidelines of said strip shall be shortened or lengthened as necessary to intersect with the
margins of said pipeline.
,rte
D. GILL
of wnsyi'01O
:8315
LAt,O
Ikusstsssss 8/27/1+D"
Project: Reserve at Tiffany Park
Job No. 16055
July 2, 2014
Revised August 27, 2015
BDG/stm
16055L.004.doc
16512EXH05.dwg
Page 11 of 14
•
EXHIBIT °B°
PAGE 2 OF 2
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SCALE: For: JOB NUMBER
HORIZONTAL 1"=100' VERTICAL N/A RESERVE AT 16055
Q'GWA�4' KENT 18215 72WAND 8032 E SOUTH TIFFANY PARK 15055L.004.DOC
m .- -r•*. y( 425)251-6222
_r` -_I _ _ (425)251-8782 FAX Title:
V. -`:T-T ? CIVIL ENGINEERING, LAND SLOPE
�`(, 5• PLANNING, SURVEYING, Page 12 of 14
'NG ENGlAt' ENVIRONMENTAL SERVICES EASEMENT
DESIGNED _.__)..XX_. (DRAWN STM (CHECKED.___ G.,._. (APPROVED._3 DG , J DATE .5_417/14,_ i
EXHIBIT"C"
PAGE 1 OF 2
LEGAL DESCRIPTION
120' TEMPORARY CONSTRUCTION EASEMENT
A strip of land 120.00 feet in width over, under and across that portion of the Cedar River
Pipeline Right-of-Way, being in the Southwest quarter of the Southeast quarter of Section 21,
Township 23 North, Range 5 East, Willamette meridian, having 60 feet of such width lying on
each side of the following described centerline:
COMMENCING at the Southeast corner of Lot 8 of the Plat of Tiffany Park Division 3, recorded
in Volume 109 Page 16, being in the North margin of said pipeline Right-of-Way;
THENCE South 78°57'46" East, 15.52 feet along the Northerly margin of the Cedar River
Pipeline Right-Of-Way to the TRUE POINT OF BEGINNING of herein described centerline;
THENCE South 11°02'14"West, 100.00 feet to the Southerly margin of the Cedar River Pipeline
Right-Of-Way and the terminus.
The sidelines of said strip shall be shortened or lengthened as necessary to intersect with the
margins of said pipeline.
401
JLl
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c> {�
16315
kit LA140
'' ..,. �... ....,....8/27/1 ;
Project: Reserve at Tiffany Park
Job No. 16055
July 2, 2014
Revised August 27, 2015
BDG/stm
16055L.004.doc •
16512EXH05.dwg Page 13 of 14
1
EXHIBIT "C'
PAGE 2 OF 2
111
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SCALE: For: JOB NUMBER
HORIZONTAL 1"=100' VERTICAL N/A . RESERVE AT - 16055
st- u4",,,,
' KENT,18215 72ND WA 98032 AVENUE SOUTH TIFFANY PARK 16055L.004.DOC
c 2 (425)251-6222
(425)251-8782 FAX Title:
oN = CIVIL ENGINEERING, LAND TEMPORARY CONSTRUCTION Page 14 of 14
�<T may- PLANNING, SURVEYING, EASEMENT
Nr' ENG 1'4 . ENVIRONMENTAL SERVICES
DESIGNED ._XXX_ IDRANN STM (CHECKED_._,B-G _ (APPROVED....3DG_,_ I DATE .__8/17/1.4. J