HomeMy WebLinkAboutContractCAG -08-056
AGREEMENT
For
THE GYPSY SUB-BASIN/RIPLEY LANE NORTH STORM
SYSTEM IMPROVEMENT PROJECT
Between
THE CITY OF RENTON
And
FOOTBALL NORTHWEST, LLC
THIS Agreement for the Gypsy Sub-basin/Ripley Lane North Storm System Improvement
Project ("Agreement") is made and entered into this W`*_day of 2008,
by and between the City of Renton, Washington, a municipal corpora on of the State of
Washington, (the "City") and Football Northwest, LLC, a Washington limited liability
company ("FNW").
WHEREAS, FNW is constructing the Seattle Seahawks Headquarters and Training Facility
on property with King County Parcel Identification Numbers 2924059001 and 2924059015
located at 5015 Ripley Lane North in Renton, Washington, east of Lake Washington, west of
Ripley Lane North on a site located north of Lake Washington Boulevard (the "FNW Site");
WHEREAS, an existing drainage system known as the Gypsy sub -basin drainage system
conveys surface water runoff across the FNW Site to Lake Washington for a basin area
located east of the property;
WHEREAS, Ripley Lane North experiences flooding during significant storm events that
limits use of the City street by the public and presents a public safety hazard;
WHEREAS, the Gypsy sub -basin drainage system across the FNW Site had to be relocated
and modified as part of the construction to accommodate the construction of the Seattle
Seahawks Headquarters and Training Facility, and to maintain drainage across the FNW Site
from the upstream tributary area;
WHEREAS, the FNW storm system improvements consisted of installing storm pipes, catch
basin structures, outlet structure, and other appurtenances to convey the existing runoff from
the upstream tributary area;
WHEREAS, the storm system improvements on the FNW Site needed to be designed and
constructed in a manner to accommodate the existing condition runoff and the future
condition runoff to accommodate the increased runoff due to upstream land use changes and
transportation system improvements;
City of Renton —Football Northwest LLQ,
Gypsy Sub-basin/Ripley Lane North Storm System Improvement Project Agreement
03/27/08
WHEREAS, the additional cost associated with over -sizing the storm system improvements
to accommodate the future runoff condition will benefit a larger contributory area and is a
necessary component to solving flooding on Ripley Lane North;
WHEREAS, FNW` is responsible for funding the work associated with the FNW Site's storm
system improvements necessary to accommodate the existing condition runoff and the City is
responsible for funding the costs associated with the over -sizing of the storm system to
accommodate the future condition runoff,
WHEREAS, the City proposes additional upstream storm system improvements that will
connect into the storm system improvements made by FNW on the FNW Site;
WHEREAS, the additional upstream storm system improvements will be funded separately
by the City and the work will require an easement for construction, operation and
maintenance of the additional improvements on the FNW Site, along with coordination of
initial construction and maintenance with FNW's construction of the Seattle Seahawks
Headquarters and Training Facility on the FNW Site; and
WHEREAS, ground lessor Port Quendall Company has reviewed this Agreement and has
indicated its willingness to sign the permanent easement contemplated herein.
NOW THEREFORE, in consideration of the mutual covenants herein it is agreed as follows:
SECTION 1: PURPOSE AND SCOPE
The purpose of this Agreement is to establish the cost share reimbursement to FNW for the
over -sizing of the storm system improvements constructed by FNW as part of the Seattle
Seahawks Headquarters and Training Facility construction. The Agreement also includes the
following:
• Assignment of maintenance for the storm system improvement,
• The transfer of ownership of the improvements to the City for the FNW storm
system improvements on the FNW Site and,
• The easement rights for construction, operation, maintenance and access for the City
for the additional upstream storm system improvements to be constructed by the City
on the FNW Site.
The scope of the storm system improvements constructed by FNW on the FNW Site are
generally shown on Exhibit A — (Site Plan) and described in Exhibit B — (Bill of Sale and
Final Cost Data) attached hereto, which include the following:
• 67 -linear feet of 72 -inch reinforced concrete pipe
• 525 -linear feet of 60 -inch reinforced concrete pipe
• 57 -linear feet of 36 -inch corrugated polyethylene pipe
• One 108 -inch Type 2 Catch Basin
• Two 96 -inch Type 2 Catch Basins
• One 84 -inch Type 2 Catch Basin
• hilet and outlet facilities and appurtenances
2
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City of Renton—Football Northwest LL:
Gypsy Sub-basin/Ripley Lane North Storm System Improvement Project Agreement
03/27/08
The City will be constructing additional storm system improvements to the east of the FNW
Site, which will not be located on the FNW Site as shown on Exhibit C — Ripley Lane North
Storm System Improvement Project. The scope of the additional upstream storm system
improvement to be constructed by the City on the FNW Site is shown on Exhibit C, which
generally includes the following:
• One 10 -ft wide by 28 -ft long reinforced cast -in-place vault structure
• 40 -linear feet of 36 -inch high-density polyethylene pipe
• Inlet facilities, maintenance access improvements and appurtenances
• Temporary construction access
• Other improvements related to site restoration
The City will construct the additional storm system improvements in accordance with the
final construction plans and construction contract specifications for the Ripley Lane North
Storm System Improvement Project (SWP-27-3375).
SECTION 2: TERM AND EFFECTIVE DATE:
This Agreement shall remain in full force and effect and be binding on both parties hereto
upon accomplishment of the following:
a) The storm system improvements constructed by FNW on the FNW Site are
completed and a final inspection and acceptance by the City is completed,
b) Final 34 -inch by 22 -inch as -built mylar drawing(s) to scale with a Professional Land
Surveyors certification stamp along with construction details and profile plans of the
FNW storm system improvements are provided to and accepted by the City, along
with a Bill of Sale in the form shown at Exhibit B.
c) An easement (Exhibit D) in favor of the City with legal description and figure for
construction, operation, maintenance of and access to the improvements shown on
Exhibit C hereto in an area shown on Exhibit C hereto and the storm system
improvements constructed FNW for access and maintenance purposes as shown in
Exhibit A and described in Exhibit B is provided and accepted by the City.
d) This Agreement is approved by the City Council of the City of Renton.
e) This Agreement is signed by FNW and provided to the City.
f) FNW pays all remaining City Utility System Development Charge fees, subject to the
cost sharing provision in Section 4 of this Agreement.
g) The City executes this Agreement and the easement (Exhibit D) is recorded.
The City of Renton will assume ownership, maintenance and replacement responsibility of
the improvements storm system improvements constructed by FNW as shown on Exhibit A,
described in the Bill of Sale (Exhibit B) and the additional storm system improvements
located on the FNW Site to be constructed by the City and as shown on Exhibit C, all of
which is within the easement (Exhibit D).
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City of Renton—Football Northwest LL,
Gypsy Sub-basin/Ripley Lane North Storm System Improvement Project Agreement
03/27/08
FNW is responsible for constructing the FNW storm system improvements on the FNW Site
(described in Exhibits A and B) in accordance with the plans that were reviewed and
approved by the City. FNW is responsible for obtaining and complying with any and all
State and Federal permits required for said storm system improvements. FNW shall be
responsible for satisfying any permit mitigation requirements and will indemnify the City
against any claims or legal actions from third parties arising from the original construction of
the storm system improvements constructed by FNW on the FNW Site. FNW shall warrant
the construction of the storm system improvement that will be transferred to the City, against
material defects or faulty construction of the improvements, for a one-year period following
approval of this Agreement.
The City will be responsible for constructing the additional upstream storm system
improvement located on the FNW Site and further east of the FNW Site in accordance with
City standards. The City will be responsible for obtaining and complying with any and all
State and Federal permits required for the construction of the additional upstream storm
system improvements located on the FNW Site and further east of the site. The City shall be
responsible for satisfying any permit mitigation requirements and shall indemnify FNW and
Port Quendall Company against any claims or legal actions arising from the additional
upstream storm system improvements to be constructed by the City on the FNW Site.
SECTION 4: SITE CONTAMINATION:
Soil on the FNW Site was the subject of remediation activities prior to and in conjunction
with the development work related to the FNW's construction of the Seattle Seahawks
Headquarters and Training Facility. The remediation work was performed to satisfy the
requirements specified in the Prospective Purchaser Consent Decrees (Order Number
DE92TC-N335 as amended) between Washington State Department of Ecology and Port
Quendall Company, Restrictive Covenants, and the Cleanup Action Plans (ThermoRetec,
2000b, and ThermoRetec, 2000c). The cleanup activities related to the capping and
institutional controls are outlined in the Engineering Design Report (EDR; RETEC, 2006)
and were required to complete cleanup obligations in accordance with the Consent Decrees.
A partial Certificate of Completion letter was issued by Ecology on April 10, 2006. As
outlined in the Soils Management Plan, FNW Site maintenance staff and contractors shall
follow the procedures outlined in the Soils Management Plan for maintenance and
construction activities on the FNW Site.
The City assumes the material installed in and around the FNW storm system improvements
complies with the Consent Decrees (Order Number DE92TC-N355 as amended) and
Cleanup Action Plans. If contamination is found in the City's easement area in the future
that is in excess of concentrations allowed in the Cleanup Action Plans, and is attributable to
the contamination that existed on the site prior to the site contamination remediation, then
FNW shall be responsible for any required cleanup. Cleanup activities shall be in
compliance with applicable laws and regulations.
El
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City of Renton—Football Northwest LL_
Gypsy Sub-basiwRipley Lane North Storm System Improvement Project Agreement
03/27/08
The City shall reimburse FNW for the over -sizing of the storm system improvements
constructed by FNW by reducing the amount of the City Water Utility System Development
Charge fee that is owed by FNW for the Seattle Seahawks Headquarters and Training
Facility. The City's share of the cost associated with over -sizing of the storm system
improvements constructed by FNW as described in Section 1 and shown on Exhibit A and B
will be based upon the percent of increase in surface water runoff from the tributary basin
between the existing land use runoff (148.6 cubic feet per second) and the future land use
condition runoff for the 100 -year storm (198.9 cubic feet per second), as determined by a
hydrologic analysis performed by Parametrix LLC (June 15, 2007).
The following are cost share percentages allocated to the storm system improvements
constructed by FNW as described in SECTION 1 and shown on Exhibit A and B.
The City will reimburse FNW for the City cost share percentages shown above.
Accordingly, the City will reimburse FNW for 25.3% of the actual cost of $591,106.41, as.
shown in Exhibit B, that was associated with the storm system improvements constructed by
FNW as described in Section 1 and shown on Exhibit A and B on the Seattle Seahawks
Headquarters and Training Facility site.
The City may effectuate this reimbursement by reducing the City Water Utility System
Development charge owed by FNW, for the Seattle Seahawks Headquarters and Training
Facility site development by $149,550.
The City will be responsible for any reallocation or reimbursement between the City Surface
Water Utility and the City Water Utility for the $149,550 Water Utility System Development
Charge fee that is being waived by this Agreement.
The transfer of ownership and assumption of maintenance for the storm system
improvements constructed by FNW, as described in Section 1 and shown on Exhibits A and
B, on the Seattle Seahawks Headquarters and Training Facility site, will occur upon
completion of the conditions listed in Section 2 above.
E
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Existing
Future
Calculation to
Cost Share Participants
Land Use
Land Use
Determine
Flow
Flow
Cost Share
Percentage
Percentage
FNW
148.6 cfs
-
148.6/ 198.9
74.7%
City
-
50.3 cfs
50.3/198.9
25.3%
The City will reimburse FNW for the City cost share percentages shown above.
Accordingly, the City will reimburse FNW for 25.3% of the actual cost of $591,106.41, as.
shown in Exhibit B, that was associated with the storm system improvements constructed by
FNW as described in Section 1 and shown on Exhibit A and B on the Seattle Seahawks
Headquarters and Training Facility site.
The City may effectuate this reimbursement by reducing the City Water Utility System
Development charge owed by FNW, for the Seattle Seahawks Headquarters and Training
Facility site development by $149,550.
The City will be responsible for any reallocation or reimbursement between the City Surface
Water Utility and the City Water Utility for the $149,550 Water Utility System Development
Charge fee that is being waived by this Agreement.
The transfer of ownership and assumption of maintenance for the storm system
improvements constructed by FNW, as described in Section 1 and shown on Exhibits A and
B, on the Seattle Seahawks Headquarters and Training Facility site, will occur upon
completion of the conditions listed in Section 2 above.
E
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City of Renton—Football Northwest LL -
Gypsy Sub-basin/Ripley Lane North Storm System Improvement Project Agreement
03/27/08
FNW will receive a reduction of the City Water Utility System Development charge owed by
FNW for the Seattle Seahawks Headquarters and Training Facility site development by
$149,550 upon the payment of all remaining City Utility System Development Charges, that
are owed by FNW and recording of the easement as described in Section 2 above and
attached as Exhibit D hereto.
The City's representative for this Project is:
Ron Straka
City of Renton Surface Water Utility Engineering Supervisor -
1055 South Grady Way
Renton, WA 98057 (425-430-7248)
FNW's representative for this Project is:
Elaine Wine, Project Manager
Football Northwest
505 Fifth Avenue South, Suite 900
Seattle, WA 98104-3821 (206-342-2397)
Upon request by the City, FNW shall provide the City with documentation of costs and
payments described in Exhibit D hereto. If this Agreement is audited, FNW shall provide
reasonable additional documentation required by any such audit.
SECTION 10: AMENDMENTS
Any amendments or modifications to this Agreement shall be made in writing and signed by
the parties hereto, and neither the City nor FNW shall be bound by verbal or implied
agreements made by any official, agent or representative of either the City or FNW with
respect to the subject matter of this Agreement.
SECTION 11: TERMINATION
In the event the City Council does not approve this Agreement, unless otherwise mutually
agreed, FNW shall own and maintain the storm system improvements constructed by FNW
on the FNW Site and allow upstream tributary runoff to be conveyed across the FNW Site.
The storm system will remain as a privately owned and maintained storm system on the
FNW Site until such time as the City or other public agency thereafter accepts the
improvements.
CADocuments and Settings\ElaineW\My Documents\Attachmems\City-FNW Agreement 080320 FINALDOC\RStp
City of Renton —Football Northwest Lam_
Gypsy Sub-basin/Ripley Lane North Storm System Improvement Project Agreement
03/27/08
SECTION 12: WAIVER
No waiver by either party of any term or condition of this Agreement shall be deemed or
constructed as a waiver of any other term or condition. No waiver shall be effective unless in
writing.
THIS AGREEMENT AUTHORIZED BY THE CITY COUNCIL ON( , 2008
L�)a
Bonnie Walton, City Clerk
APPROVED BY THE MAYOR ON % 2008
Denis I
Approved as to legal form: 6:4
Larry Warren, City Attorney
APPROVED BY FOOTBALL NORTHWEST, LLC. ON f�✓(i� 2008
EXHIBITS:
Exhibit A: Site Plan showing FNW storm system improvements.
Exhibit B: Bill of Sale and Final Cost Data for the FNW storm system improvements to be
transferred to City.
Exhibit C: City Ripley Lane North Storm System Improvement Project to be constructed on
FNW site that will connect into the FNW storm system improvements and extend
to the east of the FNW site.
Exhibit D: Easement to the City from FNW for access to and maintenance of the FNW
storm system improvements constructed on the FNW Site to be transferred to the
City and the City storm system improvements to be constructed by the City on the
FNW site.
7
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EXHIBIT B
March 20, 2008
Ronald J. Straka
Surface Water Utility Engineering Supervisor
Renton City Hall - 5th Floor
1055 South Grady Way
Renton WA 98057
Re: Gypsy Sub basin Stomwater Improvement Project
Dear Ron,
This letter is to certify that the sum of $591,106.41 has been paid by Football Northwest
towards the design and construction of the Gypsy Sub basin Stormwater Improvement
project. The costs incurred are as follows:
Construction: $521,960.00
Design: $ 69,146.41
Additional accounting of this effort is available on request
Sincerely,
Ray Colliver
VP Design and Construction
Football Northwest
cc: Elaine Wine, Vulcan Inc.
Lance Lopes,
l'05 1r -h rve:S F;1;11, -00
Originals sent via: Method „eeltte.'Dln. 02e10rl
Copiessent via: Method
?9 949 2006 rnl
^116 3 -'IR 9rNJ0 Pn*
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
PVM
BILL OF SALE
I Proj Name: Property Tax Parcel Number: Sq z 4v 5_ ®, pr
6
Prgiect File #: Street Intersection: Address: 93®1,g l�IPL
Reference Numbers) of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. PORT QUC-NO,6J-L, CC *14 pA1Vy 1. City of Renton, a Municipal Corporation
2. j' --0-077 0A-" %%d %, UC.
The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the
Grantee, as named above, the following described personal property:
WATER SYSTEM: Leneth Size Tvne
L.F. of Water Main
L.F. of Water Main
L.F. of Water Main
each of Gate Valves
each of Gate Valves
each of Fire Hydrant Assemblies
SANITARY SEWER SYSTEM: Leneth Size Tvne
L.F. of SewerMain
L.F. of Sewer Main
L.F. of Sewer Main
each of Diameter Manholes
each of Diameter Manholes
each of Lift Stations
STORM DRAINAGE SYSTEM: Leneth Size Tvne
L.F. of Storm Main
L.F. of Storm Main
�^
/ L.F. of Storm Main
each of Storm Inlet/Outlet
each of Storm Catch Basin
each of Manhole
STREET IMPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement)
Curb, Gutter, Sidewalk L.F.
Asphalt Pavement: SY or L. F. of Width
STREET LIGHTING:
# of Poles
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and ever)person or persons,
whomsoever, lawfully clairroug or to claim the same. This conveyance shall bind the heirs, executors, administrators and assi ns forever.
0:\Forms\PBPW\BILLSALE2.D0C\1bh Page I
Q
IN WITNESS WHEREOFZsd Grantor has caused this instrument to be executed this IYday of
/71
Notary Seal must be within box
...ees=rLrg
o
F N a go m
INDIVIDUAL FORM OFACKNOWLEDGMENT
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
" 4%ct2�t.�r./t,r signed this instrument and
acknowledged it to be his er/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington
Notary (Print) tY&j tt '
My appointment expires:
Dated: f� klvVLA Zdt X
REPRESENTATIVE FORM OFA CKNOWLEDGAIEW
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
1 certify that I know or have satisfactory evidence that
signed this instrument, on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
On this day of 20, before me personally appeared
to me known to
be of the corporation that
executed the within instrument, and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
Notary Public in and for
Notary (Print)
My appointment expires
Dated:
the State of Washington
0:\Forms\PBPW\BILLSALE2.D0C\bh Page 2
Gypsy Sub Basin storm water system components:
® 67 -linear feet of 72 -inch reinforced concrete pipe
® 525 -linear feet of 60 -inch reinforced concrete pipe
® 57 -linear feet of 36 -inch corrugated polyethylene pipe
® One 108 -inch Type 2 Catch Basin
® Two 96 -inch Type 2 Catch Basins
® One 84 -inch Type 2 Catch Basin
® Inlet and outlet facilities and appurtenances including riprap armor at
shoreline
EXHIBIT D
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
Title: UTILITIES EASEMENT Property Tax Parcel Number: 2924059015
Project File #: Street Intersection or Project Name:
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page—
Grantor(s): Grantee(s):
1. Port Quendall Company, a Washington 1. City of Renton, a Municipal Corporation
corporation
Legal Description: Portion of City of Renton Lot Line Adj LUA-00-044 as recorded under
King Cty No. 20010105900005. Full legal is attached at Exhibit A.
Grantor Tax Parcel No.: 2924059015
Grantee Tax Parcel No.: N/A
SEADOCS-450895173-v2-fnw_city_fiw_gypsy_eceek_drainage easement.D00 Page I
FORM 03 000bh/CA2-21-97
This UTILITY EASEMENT ("Easement") is entered into as of the day of ,
2008, by and between Port Quendall Company, a Washington corporation ("Grantor") and the
City of Renton, a Washington municipal corporation ("Grantee").
I. RECITALS
A. Grantor is the fee owner of certain property in the City of Renton through which an existing
drainage system known as the Gypsy sub -basin drainage system conveys surface water runoff.
B. Grantor is the ground lessor of said property to Football Northwest LLC ("FNW").
C. Grantee and FNW are parties to the certain Agreement for the Gypsy Subbasin/Ripley Lane
North Storm System Improvement Project (the "Agreement"). The Agreement contemplates that
FNW will convey storm system improvements to the City of Renton and that the City of Renton
will receive an easement for maintenance and access to those improvement.
D. To further the Agreement, Grantor wishes to convey this easement to Grantee City of Renton
for the location of, maintenance of, and access to the storm system improvements as described in
the Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
II. AGREEMENTS
1. Grant of Easement. Grantor hereby grants, bargains, sells and conveys to Grantee, its
successors and assigns, a perpetual, nonexclusive easement for storm system utility purposes
over, under, through, across and upon the easement area as legally described at Exhibit A hereto
and shown for informational purposes on the sketch at Exhibit B attached hereto (the "Easement
Area"), for the purpose of reconstructing, repairing, replacing, operating and maintaining the
storm system utilities and storm system pipelines, catch basins, and inlet and outlet facilities and
appurtenances, right of ingress and egress thereto without prior institution of any suit or
proceedings of law as described below.
2. Use of Easement. Grantee shall keep Grantee's storm system utility facilities in good and
serviceable condition. Grantor, its employees, contractors, and agents shall not use the easement
area in any way that damages Grantee's property or the improvements located thereon.
3. Maintenance. Grantee shall be responsible for maintenance and all costs of maintenance of
Grantee's storm system utility facilities. All repairs shall be made in compliance with all
applicable laws, ordinances, codes and regulations. Except for emergencies, Grantee shall give
reasonable notice to Grantor or FNW of any maintenance or repair activities and shall schedule
maintenance and repair activities in consultation with Grantor or FNW in order to minimize
inconvenience to Grantor or FNW's use of the Easement Area or abutting property. To the
extent possible, Grantee shall avoid any staging or damage to the fields developed for
professional football use on the Easement Area or adjacent property. After any maintenance or
$0995M.i
repair of Grantee's storm system utility facilities, Grantee shall restore Grantor's property as
nearly as practicable to the condition prior to the maintenance or repair activity. Any restoration
shall be consistent with the capping and institutional controls required by the Washington State
Department of Ecology requirements imposed pursuant to Prospective Purchaser Consent Decree
Order No. DE92TC-N335 as amended (the "Consent Decree").
4. New Structures. After the initial construction as described in the Agreement, Grantee shall
not enlarge or build any new structures in the Easement Area without the express written consent
of Grantor, which consent shall not be unreasonably be denied or delayed.
5. Reservation of Other Rights. Grantor retains, reserves and shall continue to enjoy the use of
the Easement Area for any and all purposes which do not unreasonably interfere with the rights
granted to Grantee herein. Without limiting the generality of the foregoing, Grantee shall not
a. Erect or maintain any buildings within the Easement Area;
b. Plant trees or other vegetation with deep root patterns that would likely cause damage to
the utilities within the Easement Area;
c. With the exception of the professional football practice fields in a portion of the
Easement Area, the irrigation systems for those practice fields, and the barriers and other
requirements of the Consent Decree, Grantor shall not develop, landscape or beautify the
Easement Area in any way that would unreasonably increase the costs to Grantee of
restoring the Easement Area and any private improvements therein;
d. Perform construction activities that would disturb the compaction of or unearth
Grantee's storm system utility facilities; or
c. Blast within fifteen (15) feet of the Easement Area.
6. Liens. Grantee shall not allow any liens or encumbrances of any kind whatsoever upon the
Easement Area.
7. Governing Law. This Easement shall be governed by the laws of the State of Washington.
8. Binding Effect. The casements and covenants herein shall run with the land and be binding
upon and inure to the benefit of the parties hereto, and their respective successors in interest.
9. Amendments. This Easement may not be modified or amended without prior written
approval of the parties hereto, or their respective successors or assigns.
10. Authority. All parties executing this Easement in a representative capacity covenant that all
necessary approvals have been granted by any body required to provide them with the authority
to enter into this Easement.
11. Attorneys Fees. In the event either party believes the other party is in default under the
terms of this Easement, the party shall provide notice and reasonable opportunity to cure to the
allegedly defaulting party. The parties shall meet and attempt to resolve any alleged default prior
to filing suit. If after notice and opportunity to cure, a party seeks to enforce this Easement in
court, the most prevailing party in such action shall be entitled to its reasonable attorneys fees,
expert fees, and costs incurred both during initial suit and on any appeal.
SCRM6?.1
12. No Third Party Beneficiaries. The parties agree that this Easement is solely for the benefit
of the parties hereto, and their successors and assigns, and shall not be construed to confer any
rights or enforcement rights to any third party.
IN WITNESS WHEREOF, this Easement is executed as of the date first shown above.
Cf7:7\3.1tille) i
PORT QUENDALL COMPANY,
a Washington corporation ,
STATE OF WASHINGTON
ss.
COUNTY OF
W
GRANTEE:
CITY OF RENTON, 11.
a Washington municipal corp%i.A,..�/
Name: Denis Law fia•. 'r :`
Its: Mayor r';•.
Attest: 41ir.4 waL�7cJ
Bonnie I. Walton
City Clerk f(�0_9,40?
I certify that I know or have satisfactory evidence that 9-((q19�-EY is
the person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the Vt j�k'.fi-b tDOvT of PORT QUENDALL COMPANY, a
Washington corporation, to be the free and voluntary act of such corporation for the uses and
purposes mentioned in the instrument.
50895282,1
Dated this J1
day of 1�l4rdll
�i:
(Sipahm orNotary)
A- V�YAVw
(Legibly Print ur Stamp Name ofNotery)
Notpublic in and for the state of Washington, residing
at ' r
My appointment expires J-7-- 07W
12. No Third Party Beneficiaries. The parties agree that this Easement is solely for the benefit
of the parties hereto, and their successors and assigns, and shall not be construed to confer any
rights or enforcement rights to any third party.
IN WITNESS WHEREOF, this Easement is executed as of the date first shown above.
PORT QUENDALL COMPANY,
a Washington corporation
GRANTEE:
CITY OF RENTON,
a Washington municipal corporation
NdGt Iia . wo t� v � Name:
Its: 4ice Pv(SiC )klt "
STATE OF WASHINGTON
ss.
COUNTY OF
(:t6 �
Its:
I certify that I know or have satisfactory evidence that"L€ y is
the person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the V tqf� of PORT QUENDALL COMPANY, a
Washington corporation, to be the free and voluntary act of such corporation for the uses and
purposes mentioned in the instrument.
Dated this :31
day of 1 VCH 2008.
(Legibly Print or Stamp Name ofNolnry)
Notary public in and for the state of Washington, residing
atLj kjeF
My appointment expires 'L 'C7 j
EXHIBIT -6
STORM SEWER LINE EASEMENT DESCRIPTION
THAT PORTION OF "BAXTER PARCEL NORTH" OF CITY OF RENTON LOT LINE ADJUSTMENT NO.
LUA-00-044, RECORDED JANUARY 5, 2001 UNDER RECORDING NO. 20010105900005, IN KING
COUNTY, WASHINGTON, CONTAINING 15,116 SQUARE FEET, MORE OR LESS, AND LYING
WITHIN A STRIP OF LAND, VARYING IN WIDTH, AND HAVING A CENTERLTNE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID "BAXTER PARCEL NORTH'
THENCE SOUTH 30031'48" WEST 133.79 FEET ALONG THE LONG CHORD OF A 50.00 FOOT OFFSET
TO A SPIRAL CURVE, SAID SPIRAL CURVE BEING THE CENTERLINE OF RIGHT OF WAY FOR THE
NORTHERN PACIFIC RAILROAD COMPANY;
THENCE SOUTH 30056'16" WEST 479.51 FEET ALONG THE MOST EASTERLY LINE OF SAID
"BAXTER PARCEL NORTH", ALSO BEING THE WEST MARGIN OF RIGHT OF WAY FOR THE
NORTHERN PACIFIC RAILROAD COMPANY, TO THE TRUE POINT OF BEGINNING OF SAID
EASEMENT CENTERLINE;
THENCE NORTH 42059'21" WEST 10.41 FEET ALONG SAID CENTERLINE OF A STRIP OF LAND
20.00 FEET IN WIDTH, HAVING 10.00 FEET OF SUCH WIDTH ON EACH SIDE OF SAID CENTERLINE;
THENCE SOUTH 30056'16" WEST 76.17 FEET ALONG SAID CENTERLINE OF A STRIP OF LAND 26.50
FEET 1N WIDTH HAVING 10.00 FEET OF SUCH WIDTH EAST OF CENTERLINE, AND 16.50 FEET OF
SUCH WIDTH WEST OF CENTERLINE;
THENCE CONTINUING SOUTH 3005616" WEST 28.09 FEET ALONG SAID CENTERLINE OF A STRIP
OF LAND 32.50 FEET IN WIDTH HAVING 10.00 FEET OF SUCH WIDTH EAST OF CENTERLINE, AND
22.50 FEET OF SUCH WIDTH WEST OF CENTERLINE;
THENCE NORTH 54001'34" WEST 601.35 FEET ALONG SAID CENTERLINE OF A STRIP OF LAND
20.00 FEET IN WIDTH, HAVING 10.00 FEET OF SUCH WIDTH ON EACH SIDE OF SAID CENTERLINE
TO THE TERMINUS OF THIS EASEMENT CENTERLINE;
SAID TERMINUS BEING SOUTH 73030'43" WEST 898.80 FEET FROM THE POINT OF
COMMENCEMENT;
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED SO AS TO
MEET AT ANGLE POINTS;
SITUATE IN GOVERNMENT LOTS 4, IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP
24 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
,ywnYsra•-C.;.:-::
_-.-:.�:.. x,::,„/
FOOTBALL NORTHWEST
e^..�_-,:7;'
'
BAXTER PROPERTY
STEVEN A HITCHINGS, P.L.S.
.`,"�
BRH JOB NO. 96145.07
MARCH 11, 2008
,
BUSH, ROED& HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206)323-4144
3L
EXHIBIT 13.
\ MISTY COVE CONDOMINIUM COMPLEX
\` l
b LONG CRO OF OFFSU
/ yp'� w55 TO SPIRAL CURVE
PVE
PO
GO
95W
{,p
a
3!
3
6Z�
S/ EXISTING 9UII,pIHG
OUTFALL y 3
POUR OF
TERMINATION N54.OT34-W '
801.35' _...I
16,50'26.90-
SCAM
6.58'
S
SCALE 22.50'-,J 10'
J
BRH
BUSH, FACED & HITCHINGS, INC.
CIVIL ENQM66RS & LAND SURVEYORS
200%MINOR AYEE 1206/32a-41.
SFATIlE, WA 9610"513
B6H JOB M0. 68145.07REVISED 3-1MB
- STORM SEWER EASEMENT SKETCH
PREPARED FOR: FOOTBALL NORTHWEST
BAXTER PROPERTY PROJECT
RENTON, WA