HomeMy WebLinkAboutE 9612120153 � ^ , . y�
, ' N'f iFN T._`, _r�n I:ETUR:'J TO: , ' �.� ���1 � � � ��D � �
Office�t; •- � , ' i�
Rentor i�iuiii:ipal tiuilding
200 MIll A��enue South .,i��„`_...�' ._. : �. , i F.'.:�
Renton,WA 980E5
er recording rn to: � f, � ` � ��•- '' �ti�''
L�L I� l � E�.} }�!I .��
La Pi a mited Partnership,
c/o A . Nichols
PO x88 �
1� ila WA 9 138
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND '
AGREEMENT
Z�j"'� THIS AGREEMENT, made this �� �� day of ��'����Y; 1996, between
� La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton,
� a municipal corporation ("Grantee").
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� WITNESSETH:
�
, � WHEREAS, over the past several years, accumulations of rainfall during extreme rainfall events,
such as on May 16, 1994, have caused surface water to pond and overtop the street curb, run onto
property adjacent and to the north of Grantor's property, and into Grantor's property, causing severe
erosion to occur; and
�`JnEREAS, Grantee's existing storm sewer system is unabie to convey extreme rainfall event
storm water volumes quickly enough to prevent ponding at the intersection of NE 4th and Monroe
Avenue NE, and the resultant erosion; and
WHEREAS, Grantee and Grantor anticipate future ponding and resultant erosion in the vicinity
� of Grantor's property unless measures are taken to modify Grantee's existing storm sewer system; and
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� WHEREAS, Grantee is currently studying the potential methods and means of permanently
improving its existing storm sewer system to manage extreme rainfall event storm water so as to avoid
� ponding and resultant erosion in the vicinity of Grantor's property; and
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� WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm
� drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until
�
� Grantee has designed and constructed such permanent improvements to its existing storm water system;
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; WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a
� temporary overflow storm drainage system under certain terms and conditions;
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�; NOW THEREFORE, in consider.ation of mutual benefits, the parties agree as follows:
�;
� ,
�'� 1. GRANT OF TEMPORARY EASEMENT. As an accommodation to Grantee, Grantor grants and
G-,
�; conveys unto Grantee a temporary easement, over, across, under and through Grantor's property (the
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`" TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
��� AND AGREEMENT
Page 1 of 8
�96-o0 77 �L
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"Easement Area") for the specific purpose set forth below, which easement shall run with the land
described herein for a period not to exceed the term hereof. The Easement Area is more particularly
described on EXHIBIT "A" attached hereto and incorporated herein by this reference. Grantor's property
is more particularly described on EXHIBIT "B" attached hereto and incorporated herein by this reference.
2. PURPOSE. The purpose of this easement shall be to accommodate Grantee's construction,
operation and maintenance of a system for conveyance and discharge of certain surface water ("Permitted
Drainage") from Grantee's existing storm sewer system onto and into Grantor's private property on a
temporary basis (the "Temporary Overflow System").
The Temporary Overflow System shall be designed such that Permitted Drainage shall be conveyed onto
and into Grantor's property only under circumstances when Grantee's existing storm sewer system is
reasonably expected to overflow, and the conveyance of Permitted Drainage hereunder shall occur only
in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point
thereof located northeasterly of Grantor's property. For purposes of this agreement, "Permitted
Drainage" shall mean quantities of storm water accumulating during extreme rainfall events only and
which cannot be accommodated by Grantee's existing storm sewer system, excluding solid materials of
M any kind, contaminated materials, and any other materials which may not properly be placed on or in
� Grantor's property pursuant to applicable laws, rules and regulations or permits benefitting Grantor's
Qproperty, including Special Use Permit SP-92-174 issued by the City of Renton.
� 3. TERM OF EASEMENT. This Easement shall commence as of the date hereof and shall be
� coterminous with Special Use Permit No. SP-92-174, and shall be automatically extended to be
r„� coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue to fill
�..tj,1 Grantor's property provided that such subsequently issued Special Use Permit contains substantially the
C� same rights as are granted under SP-92-174, and provided further that this Easement shall in any event
terminate and expire on May 31, 2006, or on such sooner date as improvements have been made to
Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this
easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's
request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and
releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder.
a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No.
SP-92-174, authorizing Grantor to continue to fill Grantor's property,this Easement and Agreement shall
be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions
imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights
granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on
Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and
Agreement setting forth Grantee's obligations arising out of such subsequently issued permit.
4. OBLIGATIONS OF GRANTEE WITH RESPECT TO BASIN STORM SEWER
IMPROVEMENTS. Grantee contemplates the design and construction of a storm water system for the
Mt. Olivet Sub-Basin of the Lower Cedar River Drainage Basin which Sub-Basin includes Grantor's
Property ("Basin Storm Se�,ver ImprovemPnts"). As a material considPration for Grantor's a�reement to
enter into this Easement and Agreement, Grantee covenants, warrants and agrees that: (a)the Basin Storm
Sewer Improvements, shall be sized to accommodate storm water from Grantor's property; and (b)
Grantee shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 2 of 8
from Grantor's property, and, subject to applicable surface water ordinances, accept such storm water.
Grantee's obligations under this Section 4 shall survive the expiration or termination of this Easement.
5. COVENANTS AND WARRANTIES REGARDING CONSTRUCTION. All construction shall
be accomplished by a licensed and bonded contractor and/or City of Renton crews, and Grantee's
construction of the Temporary Overflow System necessary to convey and discharge the Permitted
Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton
Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the
requirements of any and all other regulatory agencies with jurisdiction, and will in no way restrict, inhibit
or interrupt the flow of storm water generated on Grantor's property.
a. Imnrovements Su�cient. Grantee agrees to construct the Temporary Overflow System
and to modify it as necessary to accommodate the Grantor's use and filling of Grantor's Property, all at
Grantee's sole expense. Grantee warrants that the Temporary Overflow System, in all respects, including
any portion which may be constructed or reconstructed on other persons' property, shall be suff'icient to
prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E.
�''� in the vicinity of Grantor's property and any related erosion arising out of extreme rainfall events
� occurring after completion of construction of the Temporary Overflow System
�� b. Only Permitted Drainage Allowed. Grantee agrees that only Permitted Drainage as
defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants
� and warrants that it shall use its best efforts to ensure that only Permitted Drainage is conveyed onto
� Grantor's property through the Temporary Overflow System during the term of this Easement and
� Agreement. If, despite Grantee's best efforts, substances or materials other than Permitted Drainage are
deposited onto or into, or flow onto or into, Grantor's Property, Grantee agrees to remove the same and
to restore Grantor's property to its condition prior to such flows and/or disposal.
c. Plans and Specifications: Review by Grantor. Grantee agrees to submit a copy of the
plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its
representative for approval not later than fifteen (15) days before exercising any of its rights under this
Easement and Agreement or entering upon Grantor's property for any purpose in connection with this
Easement and Agreement. Grantor shall have the right during such fifteen-day period to review the plans
and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior
to the conclusion of said fifteen-day period, and Grantee agrees to take all steps necessary to correct any
such defect. For purposes herein, the term "defect" shall mean the failure to observe reasonable and
customary construction and engineering standards or any municipal or other regulation. In the event
Grantee does not comply with the intents and purposes of this requirement, an entry upon the property,
commencement of construction of the Temporary Overflow System contemplated by this Easement and
Agreement, or exercise by Grantee of any of its rights under this Easement and Agreement shall be
unlawful and shall cause this Easement and Agreement to be null and void.
Irrespective of Grantor's actions under this Section, Grantor does not and will not make any
covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are
3CC'wPµ+�, ��:T1����E^vT lit aIlj' :+1}' SUli�u v� tllcli l.,t�7�i�.��;�11�,�SC, OI lll COTTIj)I12::C� lVlt.11�21s Easement
and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim
or suit, including attorneys' fees, arising from any injury, damage, cost or loss sustained by persons or
property as a result of any defect in design, materials or workmanship.
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 3 of 8
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In the event Grantor shall not notify Grantee in writing of any defect or shall not demand the
correction of same within said fifteen-day period, Grantee and its representatives may proceed to
undertake the construction of the Temporary Overflow System and Agreement and may otherwise
exercise its rights under this Easement and Agreement. Silence on the part of Grantor, or acceptance by
Grantor of any specifications, however, shall not abridge or eliminate any covenant or warranty herein
made by Grantee with respect to the safe operation of the Temporary Overflow System.
d. No Warranty concerning Grantor's PropertX. Grantee understands and agrees that
Grantor in no way warrants anything with regard to the suitability of Grantor's property for Grantee's
intended use, or of any unobservable subsurface conditions in the vicinity of Grantee's proposed
Temporary Overflow System or elsewhere. Grantee acknowledges that Grantor has existing permits to
fill Grantor's property. Grantee covenants to defend and hold harmless Grantor for any loss or damage
suffered by Grantor or to neighboring property from the use or misuse of Grantor's property, including
the Easement Area in the course of Grantee's construction, repair, maintenance and operation of the
Temporary Overflow System, including any such damage or loss of soil support, damage or loss to
structures, pavement and other improvements and landscaping including plants, shrubs, trees and other
vegetation. Grantee likewise covenants to defend and hold harmless Grantor from any such loss or
damage arising out of the insuff'iciency of the Temporary Overflow System.
Grantee also covenants to clean up the affected area of Grantor's property after construction and restore
� said area to the condition existing as of the date of this Easement and Agreement.
� e. Installation of Monitoring Wells: Monitoring. Grantee shall fulfill the requirements of
� City of Renton Special Use Permit SP-174-92, if required by the City, as respects the installation of
� groundwater monitoring wells and water quality sampling and testing to monitor the wells on Grantor's
� Property.
� 6. GRANTEE'S RIGHT OF ACCESS. Grantee shall have the right of access over and across the
Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder, provided,that
Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located
on the Easement Area and for any damage to Grantor's adjacent real property and/or improvements
caused by the exercise of such rights of access. Grantee shall also have the right of access over and
across Grantor's property for the purpose of trimming and removing the flex pipe which will extend into
Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon
Grantor's notice to Grantee that the trimming is required (which notice Grantor may, but shall have no
obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee
at the time of such notice.
7. GRANTOR'S USE OF THE EASEMENT AREA. Grantor may use the Easement Area for
continued placement of fill and for any other purposes not inconsistent with the rights herein granted, .
provided that Grantor shall not:
a. Erect or maintain any buildings or structures within the Easement Area, provided
however, that usghalt-paV� 8CC0SS POAC�S i:laj� uC c�r.stracted and maintained;
b. Develop,landscape,or beautify the Easement Area in any way which would unreasonably
increase the costs to Grantee of restoring the Easement Area and any private improvements therein; or
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 4 of 8
c. Blast within fifteen (15) feet of the Easement Area.
Grantor reserves all rights with respect to and including the F.,asement Area anc� i+s?djac.er_+real property,
including, without limitation, the right to grant easements, licenses and permits to others subject to the
rights granted herein.
8. INSURANCE. Grantee shall, at all times during the period when this Easement and Agreement
is in effect, keep in full force and effect a policy of Comprehensive or Commercial General Liability
Insurance with a Broadening Liability Endorsement with respect to the Easement Area, the Temporary
Overflow System, and liabilities and obligations otherwise arising under this Easement and Agreement
or applicable to Grantee's exercise of any of its rights hereunder, together with Business Automobile
Insurance to include owed, non-owned and hired auto as applicable, all with a combined single limit per
occurrence for personal or bodily injury and property damage of not less than Five Million Dollazs
($5,000,000.00), or in such greater amounts as Grantee may, from time to time, acquire. The policy
shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect
to Grantor's property, as required, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be
C'� provided by an insurance company approved by Grantor and a copy of the policy or a certificate of
� insurance shall be delivered to Grantor from time to time upon Grantor's request. All liability policies
� shall be written as primary policies, not contributing with and not in excess of coverage which Grantor
� may carry. All such insurance shall specifically insure the performance by Grantee of the indemnity
� agreement as to liability for injury to or death of persons or damage to or destruction of property
C� contained in Section 14 herein, entitled "Grantee's Agreement and Indemnity". Grantee's obligations
� under Section 14 herein, shall not be construed to have been limited by the amount of insurance req_uired
� or provided in connection with this Easement and Agreement.
9. OPERATION, MAINTENANCE AND REPAIR BY GRANTEE. Grantee covenants and agrees
to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd
Street and its associated infiltration system in a first class manner, and shall clean out and remove
accumulated sediments from such system on a regular basis to keep to a minimum the need to allow storm
water from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby
covenants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of
Grantee's storm sewer system, including the Temporary Overflow System, upon Grantor's property.
10. GRANTOR'S RIGHT TO TEMPORARILY SUSPEND EASEMENT RIGHTS. In the event: (a)
Grantee's use of the Temporary Overflow System shall, in Grantor's judgment, impair or restrict
Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient
capacity to accommodate Permitted Drainage, Grantee shall, at Grantor's request, suspend Grantee's
rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that
Grantee may resume use of Grantor's Property hereunder. During such suspension of rights, Grantee
shall continue water quality sampling and testing as described herein and all of Grantee's other obligations
hereunder, including those described in Section 3.a above, shall continue in full force and effect.
11. GRANTOR'S RIGHT TO TER*4iNr'1TE EASEMENT R?GHTS. This Easement shall ter.minate
upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor
to Grantee advising of the date on which the Easement shall terminate ("Termination Date"). Within
thirty (30) days following the Terminate Date, Grantee shall remove any and all Improvements and shall
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 5 of 8
restore Grantor's property to its condition as of the date hereof. Upon expiration or termination of this
Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts,
sediments and/or any other materials (excepting only Permitted Drainagel, which have b?.en depesited
onto Grantor's property during the term of this Easement. Grantee's obligations to restore Grantor's
property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless
from claims or damages relating to Grantee's exercise of its rights or performance of its obligations
hereunder shall survive the expiration or termination of this Easement.
12. NOTICES. All notices under this Easement and Agreement shall be in writing and delivered in
person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this
Section 12; or such other addresses as may from time to time be designated by such party in writing.
Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed
given on the date of such mailing.
GRANTOR: GRANTEE:
LA PIANTA LIMITED PARTNERSHIP CITY OF RENTON
P. O. Box 88050 200 Mill Avenue South
Tukwila, Washington 98138 Renton, Washington 98055
ATTN: Ann Nichols ATTN: Gregg Zimmerman,
� Administrator,Planning,Building and
� Public Works
0
� 13. RELEASE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm
rl Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer
� Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to:
� (a) manage future storm water from Grantor's property (whether developed or undeveloped); (b) cause
� the Temporary Overflow System to be or continue to be unnecessary; and (c) resolve the concerns which
gave rise to the imposition of that certain Restrictive Covenant dated April 18, 1983 and recorded against
Grantor's property, under King County Auditor's File No. 8306090718. Grantee shall notify Grantor
in writing when the Basin Storm Sewer Improvements have been completed. As a material consideration '
for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants and warrants that
Grantee shall use its best efforts to secure in writing a finding by the City of Renton Hearing Examiner
that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and
record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of
record. Such finding and legal instrument shall be delivered to Grantor in writing on the earlier of: (a)
thirty(30)days following receipt of written notice from Grantor advising that Grantor's filling operations
on Grantor's property are completed; or (b)thirty(30) days following the date on which the Basin Storm
Sewer Improvements are completed.
14. GRANTEE'S AGREEMENT AND INDEMNITY. As a material consideration of Grantor
granting this Easement and entering into this Easement and Agreement, Grantee released, indemnifies and
promises to defend and save harmless Grantor, its, agents and employees, from and against any and all
liability,lasses,casts, damages, e�:penscs, acticr.s and/or claims, including but not limited to those arising
out of damage or destruction of property, injury to or death of persons, and environmental contamination
and any and all costs associated with environmental cleanup, including costs and fees of experts, and
reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 6 of 8
obligations under this Easement and Agreement. Grantee shall not be required to indemnify Grantor
against liability for any portion of the damages (if any) caused by or resulting from the sole negligence
of Grantor. By accepting and recording this easement, Grantee does hereby agree to all provisions
contained in this instrument.
15. ASSIGNMENT. This Easement and Agreement and any and all rights grantetl hereunder are
personal to Grantee and shall not be assigned or otherwise transferred, in whole or in part, by any
mechanism whatsoever or for any purpose whatever.
16. BINDING EFFECT. This Easement and Agreement shall be binding upon the parties, their
heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the subject
property and has a good and lawful right to execute this Easement and Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
� written.
� GRANTOR:
�
�
� LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership
� By: Metro Land Development, Inc., a Washington corporation,
� its General Partner
.?�
By:/��- _ �-,.-�
M. A. egale, President
GRANTEE:
CITY OF RENTON,
a Washington mu 'cipal corporation
-w.��—�J
By:
7esse Tanner
Its: a or
Attest: �r✓
Marilyn er
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 7 of 8
'! . • .
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this z 1� day of I�OUE m i3E1� , 199(�, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A.
Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the
corporation acting as general partner of La Pianta Limited Partnership, a Washington limited partnership,
that executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited
Partnership, for the uses and purposes therein mentioned; and on oath stated that he was duly elected,
qualified and acting as said officer or the corporation and that he was authorized to execute the said
instrument on behalf of Metro Land Development, Inc. and that the seal aff'ixed, if any, is the corporate
seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of
La Pianta Limited Partnership.
IN W��'.�����V`�OF I have hereunt set my hand and official seal the day and year first above
wrifite �C,� . �.,{� �
��� ,••""`'•. �� ���,
.
: t� •a
`c"'� �'„�,, n�"� '�
MJ '+ � 4'1�4`���jx .3° f�,
' �n F��� '•' ' � �` � � Signature of Not
� a ...s ��� �
p �e,6��.,�. L. t-�.�l�
"�'�;c�� 4`� :,�- ;
� . ' � .��� . , .-, - Print or stamp name of Notary
- ' � � �'� lyr Notary Public in and for the State of Washington,
� � �;j�;�.'.;�i�t�,�.``` � residing at __K�-K�
� " � ' � My commission expires � 'Ll I,S�9�
. ;,;�:� `
� STATE OF VVASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jesse Tanner & Maril�n Peterson
are the persons who appeared before me, and said persons acknowledged that they signetl this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it as the Mavor and
City Clerk, respectively of Renton, a Washin�ton municipal corporation to be the free and voluntary act
of such corporation for the uses and purposes mentioned in the instrument.
Dated: OGToB�rc, 24, /9g�
�---
�gnatu� of Notary
_L/s,¢ ,��PH�E'iv S
Print or Stamp Name of Notary
Notary Puuiii; in ar�d f;,: t�:e �tate of Washin;ton,
residing at /���n�
My commission expires /O --/9—9 7
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 8 of 8
E7�IIBIT "A"
Easement Area
Sketch Ma�
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�cv, /�-25-96
Legal Description
A strip of land fifteen (15) feet in width having seven �
and one-half(7.5) feet of such width on each side of the �
following described centerline: nl
�C
Beginning at the NE corner of the East 'h of the NE'/a �
of the NW'/ of Section 16, Township 23 North, Range �
5 East, W.M., in the Ciry of Renton, King County,
Washington, except the North 330 feet and except the
East 30 feet;
thence South along the East line of said parcei 3IG reet
to the True Point of Beginning of the centerline;
thence westerly perpendicular to the East line of said
parcel, 42 feet, more or less, to the terminus of the
centerline.
EXHIBIT "A" TO
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT
. • • , � , . .
E7��IBIT "B"
Grantor's Property
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16,TOWNSHIP
23 NORTH, RANGE 5 EAST, W.M.,
EXCEPT THE NORTH 330 FEET;
AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-
WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074;
AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE
THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
SUBJECT TO:
EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770
AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO.
3425304.
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EXHIBIT "B" TO
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT