HomeMy WebLinkAboutE 9407280995 WHEN ftECORDED R�NRN TO:
Office'of the�city clerk.- ' , � ,�
Renton�t�icipal BuildingAMENDMENT TO AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL
200 Mil;P,ven�e South (AMENDS KING COUNTY RECORDING#8505290677)
Renton,W A 98055
THIS AGREEMENT made this'�.�.day of����:�G� 1994 between Puget Western, INC., a Washington
Corporation("Puget Western"herein), and of enton,("Grantee" herein);
WHEREAS Puget Western and Grantee desire to amend an Agreement and Easement for Drainage Channel
conveyed by Puget Western to the grantee under King County Recording No. #8505290677;
WHEREAS Puget Western desires Grantee to assume maintenance responsibility for the drainage channel across
Puget Western's land more specifically described herein below;
NOW THEREFORE, in consideration of One Dollar ($1.00) and in partial satisfaction of Puget Western's
requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program and other
good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of
the performance by Grantee of the covenants,terms and conditions hereinafter set forth, it is mutually agreed that
the Agreement and Easement for Drainage Channel conveyed by Puget Western to the City of Renton under King
County Recording No. #8505290677 is hereby amended as follows:
As pertaining only to the land described in Exhibit "B" and E�ibit "C" attached hereto and by this reference
made a part hereof, amend Section A of King County Recording No. #8505290677 to read as follows:
A. A non-exclusive perpetual easement across, along, in, upon and under that partion of Puget Western's
land described in E�ibit "B" for the purpose of installing, constructing, operating, maintaining, removing,
repairing, replacing and using a drainage channel with all connections and underground appurtenances
� thereto (herein the "drainage channel") and permitting construction, use, and maintenance of a pedestrian
� trail thereon;
�
� together with a nonexclusive temporary construction easement, over, across, along, in, upon and under
� that portion of Puget Western's land described in EaLhibit "C" for the purposes related to installation and
O construction of a drainage channel on that portion of Puget Western's land described in E�ibit "B" such as:
�„ construction material stockpiling, equipment storage, loading and unloading, construction staging, and access
� to that portion of Puget Western's land described in E�ibit "B".
The terms 'Basement" and "Easement Area" in this instrument refer to the easements herein granted on
Puget Western's property described in E�ibit"B" and Exhibit "C".
The temporary construction easement described in E�ibit "C" shall expire on the earlier of completion
of construction by Grantee in the Easement Area described in E�ibit "B" or October 31, 1994. The
expiration date may be extended to October 31, 1995 if factors beyond the control of the Grantee prevent
completion of construction on or before October 31, 1994. This extension shall become effective provided
notice is given by Grantee prior to or on October 31, 1994.
If the Grantee has not completed construction of a pedestrian trail in three years from the date of this
agreement or if the constructed pedestrian trail is not used for pedestrian purposes for a period of three
consecutive years, then all rights and privilages granted by this agreement for the construction, use, and
maintenance of a pedestrian trail shall revert to Puget Western upon providing 30-day prior written notice to
Grantee. If Grantee's failure to construct the pedestrian trail causes the reversion of the rights and privilages
granted by this agreement for the pedestrian trail,then Puget Western shall no longer be in partial satisfaction
of its requirements under the State Shorelines Management Act and Grantee's Shoreline Master Program, but
shall be subject to the full requirements thereof. �
As pertaining only to the Easement Area granted herein and described in Exhibit "A", the following provisions
are hereby appended to Section 3 of King County Recording No. #8505290677:
�
�� �� l�5�
Far any'single development proposal on Puget Western's property described in E�ibit "B", and adjacent ,
properties that are included within the area of the development, the Easement Area may be used in
calculating lot coverage and as partial or full satisfaction of the following as applicable:
a. complying with any north-south sidewalk and pedestrian access requirements, buffering, open space,
setback, and landscaping development standards of the City of Renton Zoning Code as from time to
time amended;
b. providing compensatory storage for any filling in the floodplain.
This amendment pertains only to land encumbered under King County Recording No. #8505290677 specifically
described in this amendment. All encumbrances, conveyances, and other provisions of King County Recording
No. #8505290677 not amended by this Agreement remain in full farce and effect and apply to this amendment as
if set forth fully herein.
EXECUTED as of the date hereinabove set forth.
PUGET WESTERN:
By: �(. 6, �i+�t�
Its:
EXECUTNE VICE PRESIDENT
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
��
�STATE OF WASHINGTON )
Cn ) SS
�COUNTY OF KING )
�I certify that I know or have satisfactory evidence that �� ,/„�, �e� .axz.d
(= signed this instrument,on oath stated that he/s�ie{�heq� was/�
'�G'authorized to execute the instrument and acknowledged it as the �5t,d[ ��.rl�„�� v''. ,-�: •a�
� of ���;�-p- /�.��'�-�•�( to be the free and voluntary act of such
party/parties for the uses and purposes menti ed in the instrument.
Dated: t,,.''y:�„'�� /�� , . w�sv. ,
.:---- ��,:,.., �,..'�. .
Y:F ��s' e -�( *..y`j�T
" i�9 !r.k�.�,,f' a�'v
Notary Public in and for the State of Washington ���-..�4° r-,��3�{S � '��� �•
,f7 ' '��,. j, '''i�:i
-,�,,'" ��, ._..., �':;Frf . '•�,*
Notary(Print) i'�s.s�;�' 1`� �.�r ��-�,�,�1 " ' '.;.�' '��� ;,� . ;^, ��
My appointment expires: ��f%f--y �f - � �;�'� �l�=' � �"' ,
'�x a� ':�,�� .�'1'
�= �: ; �7,'t; � .,
,: ,.:.�� `� � `_:
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GRANTEE: �� ,✓`� ,tj., ` ;:
��� '�ra;;6'�'�'.'' G: .:::�
�:' '�. :..o•' r
.,�� '`�' ��e;�;�-x
City of Ren Approved to form:
By: � � , :�-r���-�
Ea Clymer Lawrence J. Warren
Its: Mayor City Attorney
ATTEST:
By: _.
Marilyn . P tersen
Its: City Clerk
��''�- dd5 �-
H:DOCS:94-459:SSW:ps /ly ��I''O��Q�/�Or,,j,,30iJ(JI T I� '�
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' EXHIBIT B(PERMANENT EASEMENT) �
(Reference Record of Survey No. 9312299003, King County Records)
That portion of the NE 1/4 of Section 24, Township 23 North, Range 4 East, W.M., King County, Washington,
more particularly described as follows:
Commencing at the intersection of the northerly right-of-way line of SW 16th Street (South 153rd Street) with
the east line of the northwest quarter of the southeast quarter of said Section 24;
Thence westerly along said northerly line a distance of 350 feet;
Thence northerly at right angles to said line North 00°22' 10" West a distance of 453.95 feet to a point on a curve
on the northerly right-of-way line of State Route 405 as approved October 31, 1961;
Thence continuing North 00° 22' 10" West a distance of 88.18 feet to the southerly right-of-way line of Grady
Way;
Thence North 66° 59' OS" East along said southerly line a distance of 72.42 feet to the westerly right-of-way
margin of Drainage District No. 1 as established in King County Superior Court Cause Number 32912, King
County Recards;
Thence continuing North 66° 59' OS" East along said southerly right-of-way line of Grady Way a distance of
43.29 feet to the easterly right-of-way margin of said Drainage District No. 1 and the true point of beginning;
Thence along said easterly right-of-way margin the following courses: South O1° 09' 28"East, a distance of
19.70 feet; South 11° 20' 32" West, a distance of 46.36 feet; South 29° 20' 32" West, a distance of 5.00 feet;
Thence North 23° 00' S5" West a distance of 59.61 feet to a point on the southerly right-of-way line of Grady
Way;
Thence North 66° 59' OS" East along said southerly right-of-way line a distance of 37.46 feet to the true point of
beginning.
Contains 1,276 square feet of land, more or less.
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' EXHIBIT C ,
• (Reference Record of Survey No. 9312299003,King County Records)
PARCEL D(TEMPORARY CONSTRUCTION EASEMENT)
That portion of the NE 1/4 of Section 24,Township 23 North, Range 4 East, W.M., In King County, Washington,
more particularly described as follows:
Commencing at the intersection of the north line of SW 16th Street(South 153rd Street), with the east line of the
northwest quarter of the southeast quarter of said Section 24;
Thence westerly along said north line a distance of 350 feet;
Thence northerly at right angles to said line North 00°22' 10" West a distance of 453.95 feet to a point on a curve
on the northerly right-of-way line of State Route 405 as approved October 31, 1961, and the true point of
beginning;
Thence continuing North 00° 22' 10" West a distance of 88.18 feet to the southerly right of way line of Grady
Way;
Thence North 66° 59' OS" East along said southerly line a distance of 72.42 feet to the westerly right-of-way
margin of Drainage District No. 1 as established in King County Superior Court Cause Number 32912, King
County Records;
Thence along said westerly right-of-way margin the following courses; South 11° 20' 32" West, a distance of
34.83 feet; South 29° 20' 32" West, a distance of 62.19 feet; and South OS° 54' 28" East, a distance of 25.14 feet
to said northerly right-of-way line of State Route 405 and a point on a non-circular curve;
�'� Thence westerly along said northerly right-of-way line on a non-circular spiral curve with a chord bearing of
� South 84° 31' 09" West a distance of 11.53 feet to a point on a circular curve to the left, said circular curve being
� tangent to said non-circular spiral curve and having a radius of 2964.79 feet, the center of which bears South OS°
i�"'� 38' 33" East;
�
� Thence along the arc of said curve through a central angle of 00° 23' 10" an arc distance of 19.98 feet to the true
�, point of beginning.
� Contains 4,422 square feet of land,more or less.
�
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H:DOCS:94-459:SSW:ps
, • ' EXHIBIT C (continued) .
PARCEL E(TEMPORARY CONSTRUCTION EASEMENT)
That portion of the NE 1/4 Section 24, Township 23 North, Range 4 East, W.M., In King County, Washington,
more particularly described as follows:
Commencing at the intersection of the northerly right-of-way line of SW 16th Street (South 153rd Street) with
the east line of the northwest quarter of the southeast quarter of said Section 24;
Thence westerly along said northerly line a distance of 350 feet;
Thence northerly at right angles to said line North 00°22' 10" West a distance of 453.95 feet to a point on a curve
on the northerly right-of-way line of State Route 405 as approved October 31, 1961;
Thence continuing North 00° 22' 10" West a distance of 88.18 feet to the southerly right-of-way line of Grady
Way;
Thence North 66° 59' OS" East along said southerly line a distance of 72.42 feet to the westerly right-of-way
margin of Drainage District No. 1 as established in King County Superior Court Cause Number 32912, King
County Records and the point of beginning;
Thence continuing North 66° 59' OS" East along said southerly right-of-way line of Grady Way a distance of
43.29 feet to the easterly right-of-way margin of said Drainage District No. 1;
� Thence along said easterly right-of-way margin the following courses: South O 1° '09' 28" East, a distance of
� 19.70 feet; South 11°20' 32" West, a distance of 4636 feet; South 29° 20' 32" West, a distance of 55.81 feet; and
� South OS° 54' 28" East, a distance of 13.02 feet to said northerly right-of-way line of State Route 405 and a point
�; on a non-circular curve;
�
� Thence westerly along said northerly right-of-way line on a non-circular spiral curve with a chord bearing of
� South 84° 56' 09" West, a distance of 40.00 feet to said westerly right-of-way margin of Drainage District No. 1;
� Thence along said westerly right-of-way margin the following courses; North OS° 54' 28" West, a distance of
25.14 feet;North 29° 20' 32" East, a distance of 62.19 feet;North 11°20' 32" East, a distance of 34.83 feet to the
true point of beginning.
Contains 5,143 square feet of land, more or less.
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