HomeMy WebLinkAboutE 8502150567 ..+ ..�ri.�►` . , ' ' , � ,. .. � .8�—8 A 1.:1 '.
�#E;l�+�,;' C:�
STORM DRAINAGE EASEMENT F:ECCa F o��:�
[:�c,}.fc,� .�::.�:�.::+:�►:,i1f1
��
. �. �
This agreement made this llth day of February , 19 85 , by
and between King County, a po itica su division o t e tate o WasFiington,
hereinafter termed the Grantor, and the City of Renton , hereinafter termed
the Grantee.
WITNESSETH:
That for and in consideration of mutual benefits, the Grantor herein does
by these presents grant unto the Grantee, its successors and assigns,
easements and right of way over, through, under, across and upon the following
� described property, situated in King County, Washington, to wit:
�
N EASEMENT "A"
o,
That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,
Township 23 North, Range 5 East, W.M. , King County, Washington, being a
strip of land 15 feet in width having 7.50 feet on each side of the
centerline described as follows:
COMMENCING at the Southeast corner of said subdivision; thence N 1°04'23"
E along the East line thereof 170.21 feet to the POINT OF BEGINNING of
said easement and centerline; thence S 55°41 '00" W 50.00 feet; thence S
78°00'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S
67°40'00" W 195.00 feet; thence S 53°37 '48" W 112.05 feet; to the South
line of said subdivision and the terminus of said centerline. '"
�
� Purpose: Easement "A" The Grantee shall have the right to construct,
� reconstruct, operate, maintain, and repair its storm drainage pipe line
� with necessary appurtenances over, under and upon the above described strip of
� land.
�
�n EASEMENT "B"
� I
That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,
Township 23 North, Range 5 East, W.M. , King County, Washington, being a �
strip of land 40 feet in width described as follows:
The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the
Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M. , King
County, Washington.
Purpose: Easement "B" The Grantee shall have the right to construct,
reconstruct, operate, maintain, and repair an open storm drainage ditch and
service road within the above described strip of land.
The Grantor and Grantee herein, by accepting and recording this easement
mutually covenant and agree to the terms and conditions described in detail in
Appendix "A" attached hereto and by this reference made part of this
agreement.
DATED this llth day of Februar_v � 1985 .
,,f, ��, KING COUNTY, WASHIN6TON
� � ��
s Z�.�, —�\���
Cr1 �S �C :r, B1
� M �r,:�;�' a n y e e j
� � ,,,�,. ��
tsJ ---�- �"C>��
"' W�'?� TITLE
`� `-r' ��r oun y xecu �ve '
`� � m� DATE �1A N 2 g �9�
Filetl Far �'er��d A,t �"si� ��^�3�st Of
i
� Page 1
37/SDE1
, ti� ._.___.�- �,,� �/(�Jl.�J
Keng CoGniy a� f���Ne��, D�visic�n . _.. '___�' . _
� �y' � - ' . , ' . ; , ; •.
STATE OF WASHINGTOtJ)
COUNTY OF KING ) ss
On thi s day personal ly appeared before me �3/L� 72o.y,s�
to me known to be the � County Executive of ' g County, Washington,
the person who signed the a o and foregoing instrument for King County for
the uses and purposes therein stated and acknowledged to me that he signed the
same as the free and voluntary act and deed of King County and that he was
authorized to so sign.
GIVEN under my hand and official seal this a�� day o .9,J�c.��,
19�. ✓
, '
� an or t �e�
State �f 'r;,ash;netor ��'SZ�i�:'ltl �
a t�1�Gt. ✓A �. L--� _._.__
CITY OF RENTON
BY�QJ�4G3�GJ ��S�it.t,f1.(�0(-V�
Barbara Y. Shinpoch
TITLE Mavor
� . DATE February 8 , I9 8 5
� STATE OF WASHINGTUN) ATTEST ����� ��
� COUNTY OF KING ) ss City C�erk
e�
� On this day personally appeared before me ' � i ne Moto r
� to me known to be the person ;�+ho signed the above an orego�ng �nstrument or
� the uses and purposes therein stated and acknowledged to me that he signed the
same as the free and vol untary act and deed of the Representative of City
and that he was authorized to so sign.
'�`' GIVEN under my hand and officiai seal this o-th day of February ,
�.�
i,� 19 85 .
r� �����
,�'4 0 AR P �n an or the �
�� State of ington residing
`� a t �C�,✓T __T—_--•
�
APPROVEU AS TO FORM & LE f ITY:
�;�-� � ; � f ,�
, � �
, �
BY v�r� ��/ f -,�j�� l�� �I� i�
r ;� �
De uty� P o e��Jt1 n�g tor-Fl
� 1 - �
:� c:;_._.
DATE r��
Page Z 37/SDE2
i• } � � • � ,
,f , . . � � � . r
APPEI�DIX "A"
Terms and conditions applicable to easements "A" and "B" granted by King
County.
1. PERMIT REQUIREU: Before any work is performed under this agreement,
Grantee mus— t o�tai a r ght of way construction permit or a special use permit
from the Real Property Division. To obtain said perrnit, Grantee shall submit
complete plans and specifications of the proposed project including details of
landscaping, and comply with any and all other provisions as more specifically
set forth in the permit application.
2. DAMAGES: In the event that any damage of any kind is caused by
Grantee in�Fie course of performing any act authorized by this easement,
Grantee shall immediately reimburse the damaged party to th� full �xtent
necessary to restore said party to the position he would have held absent said
damage.
3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to
any charge, assessment or expense arising from, growing out of, or in any way
attributable to, the use, occupance, or actions authorized herein, whether
within or without the confines of Grantor' s property. If Grantor or its
property is legally subjected to any such charge, assessment or expense,
Grantee shall pay Grantor, as additional compensation for the rights granted
in this instrument an amount of money equal to any such charge, assessment or
expense paid by the Grantor.
�, 4. HOLU HARMLESS: The Grantee agrees to protect and save King County,
r� � its electecTan appointed officials and employees while acting within the scope
� of their duties as such, harmless from and against all claims, demands and
� causes of action of any kind or character, including the cost of defense
� thereof, arising in favor of the Grantee' s employees or third parties on
� account of personal injuries, death or damage to property arising out of the
��9
prPmises herein or in any way resulting from the acts or ornissions of the
�,-p Grantee and/or its agents, employees or representatives.
5. HIRING ANU EMPLOYMENT: In all hiring or employment made possible or
resulting rom t�is agreement, there shail be no discrimination againsi any
employee or applicant for employment because of sex, age, race, color, creed,
national origin, marital status or the presence of any sensory, mental , or
physical handicap, unless based upon a bonafide occupational qualification,
and this requirement shall apply to but not be limited to the following:
employment, advertising, lay-off or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. No
person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this
agreement on the ground of sex, race, color, creed, national origin, age,
except minimum age and retirement provisions, marital status, or the presence
of any sensory, mental or physical handicap. Any violation of this provision
shall be considered a violation of a material provision of this agreement and
shall be grounds for cancellation, termination or suspension in whole or in
part of the agreement by the County and may result in ineligibility for
further County agreements.
6. RESERVATIONS: Grantor reserves to itself, licensees, lessees,
successors an ass�gns, the right not only to continue to keep and use or
operate all other facilities or structures now upon or beneath the surface of,
or above, the said described premises, but also the right to install and use
or operate other facilities arid structures, provided that said installations
{i;�;)/ �it �du� Wi��iGU� Si:�S�afitl d� �i��ei f21"ci Ct� �i i th t�iE Ci58 u i t�i2 Shc� ai"@i'�il 5@S
as provided in this instrument.
7. ASSIGNMENT: Neither this easement nor the rights of the Grantee
� hereunder s a e assignable in whole or in part without the prior written
consent of the Grantor. All the provisions, conditions, requirements and
regulations herein contained shall be binding upon the successors and assigns
of the Grantee and all privileges of the Grantee shall be given to such
successors and assigns if they were specifically mentioned.
Page 1 of 2 37/SDE3
. : . �:, , ' � , .
, .. . , " , ' , ' • . . ', . '.
8. TERMINATION AND ABANDONMENT: If the use of the easement on the
premises escri e in�Fiis ins rument for the purposes expressed herein shall
be abandonded or discontinued, or if the Grantee violates any provision of
this instrument, the said easement shall thereupon cease and terminate, and
Grantee shall surrender or cause to be surrendered to Grantor, to its
successors or assigns, the peaceable possession of the said described
premises, and title to the said premises shall remain in Grantor, or its
successors or assigns, free and clear of all rights and claims of Grantee.
Upon termination of the easement for any reason, Grantee shall remove at his
expense all facilities placed on said property by Grantee and restore the
premises to a condition which is equivalent in all respects to the condition
existing prior to installation of the facilities or to a condition which is
satisfactory to Grantor. If Grantee has not accomplished removal and
restoration at the end of a ninety day period following the effective date of
revocation, termination or abandonment, Grantor may acomplish all of the
necessary work and charge all of the costs to Grantee.
9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee
shall return th—�ntor s property to its original condition by fixing any
damage Grantee' s construction caused to Grantor' s property, including but not
limited to property damage to slopes, shrubbery, landscaping, fencing, roadway
or structures.
10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall
take imme iat� e steps to per orm any necessary repairs, and in the event
Grantee fails so to do, Grantor may perform said necessary repairs at the sole
� cost and expense of Grantee.
�
� 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal , state
� and local laws, and assume all cost and expense and responsibility in
rl connection therewith, without any liability whatsoever on the part of Grantor.
�
�
�
�
Special terms and conditions:
1. The final design of the Sunnydale Mobile Home Park detention facility
has been approved for a maximum five (5) year release rate equal to 0.764
cubic feet per second and a twenty-five (25) year storm detention volume equal
to 45,916.0 cubic feet. Any increase in discharge rate shall require prior
approval by the King County Department of Public Works.
2. The improving and upgrading of the drainage ditch for the purpose of
enhancing storm water runoff shall be completed by the City of Renton within
four (4) years of the acquisition of the necessary rights in land owned by the
Estate of Anna McMahon referred to in special use permit #FS-122-83.
Page 2 of 2 37/SDE4