HomeMy WebLinkAboutE 20210812000030Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-1 of 17
Record Date:8/12/2021 7:18 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY TRAN NGO, DEPUTY
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98057-3232
Grantor(s): The Boeing Company, a Delaware corporation
Grantee(s): City of Renton, a Washington municipal corporation
Reference No(s). of Related Documents: 199209171541, 199606110277, and 199609040765
Abbreviated Legal Description: PORTIONS OF NW QUARTER, SECTION 8,TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M.
Full Legal Description on page: 10 (Exhibit A)
Parcel ID: 072305-9001
AMIENDMENTNO. 3 TO
RECREATIONALTRAIL EASEMENT
AND AGREEMENT
THIS AMENDMENTTO ]'HE RECREATIONALTRAIL EASEMENT AND AGREEMENT
("Amendment No. 3") is dated as
and is made by and between THE
BOEING COMPANY, a Delaware corporation ("Boeing"), and THE CITY OF RENTON, a
municipal corporation of the State of Washington (the "City").
Recitals
A. Boeing granted to the City that certain Recreational 'frail Easement and
Agreement dated as of August 14, 1992, and recorded with the King County Records Division
on September 17, 1992 under recording number 9209171541 (the "Original Easement
Agreement") as amended by Amendment No. I to Recreational Trail Easement and Agreement
recorded June 11, 1996 under recording number 9606110277 ("Amendment No. I") and
Amendment No. 2 to Recreational 'Frail Easement and Agreement recorded September 4, 1996
tinder recording number 9609040765 ("Amendment No. 2"). Hereinafter, the "Easement
Agreement" refers to the Original Easement Agreement as amended by Amendment No. I and
Amendment No. 2.
B. Boeing and the City desire to amend and restate the Easement Agreement as
provided in this Amendment No. 3.
AMENDMENT NO. 3TO
RECREATIONALTRAIL FASEMENT
AND AGREEMENT -- Page I
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-2 of 17
Record Date:8/12/2021 7:18 AM King County, WA
AgiLt rnent, L��
Now, therefore, in consideration of the agreements of the pat -ties and for other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the patties agree as
follows:
I . Definitions. All terms used in this Amendment No. 3 that are defined in the
Easement Agreement are incorporated herein unless expressly or implicitly modified by this
Amendment No, 3.
2. Amendments. 'The Easement Agreement is hereby amended as follows:
2. 1. Easement Area. 'The legal description of the Easement Area is replaced in its entirety
with the legal description set out in Exhibit A to this Amendment No. 3. The depiction of the
Easement Area is replaced in its entirety with the depiction set out ill Exhibit B to this
Amendment No. 3.
2.2.RgLiiig:sR��serKcd-gjzhts, The parties re -acknowledge that Boeing reserves the
right to use the Easement Area, at reasonable times and in a reasonable manner, for any and all
purposes not inconsistent with the City's rights hereunder. Boeing and the City each re -
acknowledges that Boeing has historically and from time to time moved vehicles, vessels,
manufacturing supplies, components, and aircraft to, front, in and around the Renton Plant
Facility and the State -Owned Area and that Boeing intends to continue to do so from time to
time. In connection with such historical and intended movement of such items, portions of such
items and/or of the vessels moving them will from time to time overhang, cross, or otherwise
encroach upon the Easement Area and the State -Owned Area during the period when such items
are being transported. Without limiting Boeing's rights previously set forth in the Easement
Agreement, the parties further agree that the City's alterations, improvements and use of the
Easement Area and the State -Owned Area:
(a) Shall provide Boeing with continuous vessel access and egress with an
unobstructed marine path of travel no less than thirty (30) feet wide and fifteen
(15) feet ofvertical clearance above high water ("Boat Access Area"), to be
located within the area identified as the Boat Access Area on the attached Exhibit
B. Boeing shall be responsible for maintaining channel depth within the Boat
Access Area,
(b) Shall, upon not less than seventy-two (72) hour prior notice from
Boeing (or less in case of an emergency), provide Boeing with vessel access and
egress through the Easement Area with an unobstructed marine path of travel of
no less than one hundred ten (I 10) feet in width, unlimited vertical clearance
AMENDMENT NO, 3 TO
RECREAJJONAL TRAIL EASEMENT
AND AGREEMENT- Page 2
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-3 of 17
Record Date:8/12/2021 7:18 AM King County, WA
above the waterline, and no City -installed submerged obstructions below the
waterline in Boeing's barge landing area ("Barge Access Area") located within
the area identified as the Barge Access Area on the attached Exhibit B. The
frequency and duration of Boeing's use of the Barge Access Area shall be
determined by Boeing at its sole discretion.
(c) Shall provide not less than five (5) feet of horizontal clearance from
Boeing's 2006 wingtip clearance line and utility easement area shown on the
attached Exhibit C and as further defined in the unrecorded Aquatic Lands
Easement number 51-074812, as amended, between Boeing and the State of
Washington ("Aquatic Lands Easement").
(d) Shall not interfere with the function of or access to Boeing's
stormwater outfall infrastructure located within outfall easement areas shown on
the on the attached Exhibit C and further defined in the unrecorded Outfall
Easement number 51-09632 1, as amended, between Boeing and the State of
Washington ("Outfall Easement").
(e) Shall not result in commingling of stormwater generated from within
the City's Easement Area with stormwater generated within Boeing property
outside of the Easement Area,
(I) At least two (2) weeks prior to commencing the City's alterations,
improvements, the City will provide Boeing a copy of its Construction Soil
Management Plan (or equivalent) for review, concurrence and/or modifications as
agreed to by both Boeing and City, which must address at least the following:
i. Stockpiling, segregating, and controlling soils during excavation or soil
disturbance, including no co -mingling of Boeing -property generated soils
with non -Boeing property generated soils.
ii. A requirement to backfill excavations first with the soils that were
removed during excavation, unless suspected contamination is
encountered,
iii. Procedures in the event suspected contamination is encountered, including
soil waste profiling prior to disposal.
iv. Prior to disposal of soils off -site (if applicable), the City will provide soil
analytical/waste profiling results to Boeing.
V. 'rhe City is responsible for soil disposal at an off' -site facility which shall
be subject to Boeing approval.
vi. The City will be responsible for managing and appropriately disposing of
all investigative -derived waste, including any wastewater or soil not
otherwise addressed above.
vii. If the City plans to import soil or concrete fill into the Easement Area, the
City will provide import fill profile data to Boeing at least two (2) weeks
AMENDMENT NO. 3 TO
RECREATIONAL TRAIL EASEMENT
AND AGREEMENT -- Page 3
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-4 of 17
Record Date:8/12/2021 7:18 AM King County, WA
in advance, and its use will be subject to Boeing's approval prior to
placement, except such advance approval shall not be required for crushed
rock or landscaping topsoil if these meet applicable Washington Model
Toxics Control Act requirements.
2.3 Element of consideration: Security Fence Cost to Cure. Prior to opening the
recreational amenity for public use, the City shall reimburse Boeing for the cost incurred by
Boeing to install approximately 1,350 lineal feet of additional security fencing ("Added Security
Fence") as shown on the attached Exhibit D. Boeing shall competitively bid the fence
installation among at least three (3) prequalified prevailing wage contractors using Boeing's
standard contracting procedures in effect at the time of the project. The City reserves the right to
require Boeing to reject all bids in the case that costs exceed the amount budgeted for the fence,
As part of the City's permit process for the installation of the City's waterfront trail
improvements, the City shall secure all necessary permits required for the Added Security Fence.
Prior to issuing any required permit for the Added Security Fence, the City may request that
some or all of the Added Security Fence be of a design other than as is shown on the attached
Exhibit D, in which case an alternative fence design that satisfies Boeing's security and
environmental performance standards shall be submitted by the City to Boeing for approval.
Further details regarding the bidding and cost reimbursement process shall be determined by the
mutual agreement of Boeing and City prior to commencement of the work.
2.4. Notices, Section 6 of the Original Easement Agreement is replaced in its entirety
with the provisions of this Section 2.4 to this Amendment No. 3. All notices or other
communications required or permitted under the Easement Agreement shall be in writing, and
shall be sent (a) by nationally recognized overnight courier service with all charges for next
business day delivery prepaid or (b) by PDF or similar attachment to an email, provided that
such email attachment shall be followed within one (1) business day by delivery of such notice
pursuant to clause (a) above, and shall be effective upon receipt at the appropriate address
(provided that if" any notice or other communication to be delivered by email attachment as
provided above cannot be transmitted because of a problem affecting the receiving party's
computer, the deadline for receiving such notice or other communication shall be extended
through the next business day):
If to Boeing:
'rhe Boeing Company
c/o MBG Consulting, Inc.
Boeing Lease Administration ]'earn
980 N. Michigan Avenue, Suite 1000
Chicago, It, 60611-4521
AM.ENDMENT NO, 3 TO
RECREATIONAL TRAIL EASEMEN'"r
ANC► AGREEMENT— Page 4
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-5 of 17
Record Date:8/12/2021 7:18 AM King County, WA
With a copy to:
Boeing Global Real estate
153 James S. McDonnell Blvd.
MC S2.21- 1400
Hazelwood, MO 63042
Attention: Marc A. Poulin
Telephone: 314-409-3576
Email: marc.a.poulin(EDboeing.com
With a copy to:
Boeing Law [Department
7755 E. Marginal Way S, MC 1 I -XT
Seattle, WA 98108
Attention: G. Bresslour
Telephone: (206) 662-6588
Email: gerald.l.bresslour(u�boeing.com
If to City:
City of Renton
1055 S. Grady Way
Renton, WA 98057
Attention: Kelly Beymer, Community Services Administrator
With a copy to:
City of Renton
1055 S. Grady Way
Renton, WA 98057
Attention: Shane Moloney, City Attorney
Notice of change of address shall be given by written notice in the manner detailed in this
Section 2.4. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. The attorneys for either party shall be entitled to provide any
notice that a party desires to provide or is required to provide in connection with the Easement.
Agreement and/or this Amendment No. 3.
AMENDMENT NO, Yro
RECREATIONAL, TRAIL EASEMENT
AND AGREEMENT.- Page 5
Instrument Number: 20210812000030 Document:EAS Rec: 5219.50 Page-6 of 17
Record Date:8/12/2021 7:18 AM King County, WA
Miscellaneous Provisions Applicable to this Amendment No. 3.
3.1 This Amendment No. 3 will be effective immediately upon execution and
recording by the parties.
3.2 This Amendment No. 3 may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which, together, shall constitute but one and the same
instrument.
3.3 This Amendment shall be governed by the law of the State of Washington,
without reference to its choice of law rules.
3.4 This Amendment supersedes any prior agreements, negotiations and
communications, oral or written, with respect to this subject matter (other than the unamended
provisions of the Easement Agreement) and contains together with the unamended provisions of
the Easement Agreement the entire agreement between and the final expression of Boeing and
the City with respect to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative of
either party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
4. Status of the Easement Apareement.
As amended by this Amendment No. 3, the Easement Agreement continues in full force
and effect in accordance with its terms. On and after the date of this Amendment No. 3, the
Easement Agreement shall be deemed amended by this Amendment No. 3 and all references in
the Easement Agreement to "this Agreement" "this Easement" "herein" "hereof' and the like
shall be deemed to be references to the Easement Agreement as amended by this Amendment
No. 3.
(Signature page is on the next sheet)
AMENDMENT NO. 3TO,
RECREATIONAL TRAIL EASEMENT
AND AGREEMENT - Page 6
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-7 of 17
Record Date:8/12/2021 7:18 AM King County, WA
Executed in duplicate as of the date first written above.
The Boeing Company City of Renton
By . __.. By
Name: Marc_A.,PoulinNamT.... Arindco
__.E .ono. _
Title: -Authorized Signatgry—.. Title: Mayo
Date:
FF
ATTEST:
S E,
By:
Name: Jaso A. Seth
m811fi"4 ,N :z 0 S`- m k
Fitle: City Cleric_ _
AMENDMENT NO. 3 TO
RECREATIONAL TRAIL EASEMENT
AND ACREEMEN"I" . Page 7
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-8 of 17
Record Date:8/12/2021 7:18 AM King County, WA
STATE OF Missouri
ss.
COUNTY OF St. Louis_— )
I certify that I know or have satisfactory evidence that _ Marc A. Poulin _- is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath.
stated that he was authorized to execute the instrument and acknowledged it as the
Authorized_Si natgry of The E3oeing ,e.�m yap _ , a I c laware c ocp r tion _ , to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Elated: '_. 2_w.
" a t'''' DAMES
PUBLIC"' NOTARY NOTARY SEAL
STATE OF MISSOURI
• • a
COUNTY�
Notary Public in and for the State of___._
My appointment expires: IffiLLl ( � I _
AMEN DM:ENT NO. 3 TO
RE RE,ATIONAL TRAIL EASEMENT
AND AGREEMENT-- Page 8
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-9 of 17
Record Date:8/12/2021 7:18 AM King County, WA
STATE OI~ "\C�2
t__ )
ss.
cowry OF
I certify that I know or have satisfactory evidence that is the person
who appeared ore me, and said person acknowledged that ��/ signed this instrument, on
oath stated tha h / e) was authorir e to execute the i� ument and acknowledged it as the
fmmv_ f�sv the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
tedo
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deal or stamp),
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Notary Public in and for the State ofµyin
My appointment expires:
AMENDMENTNo. ; To
RECREATIONAL, TRAIL EASEMENT
AND AGREEMENT -- Page 9
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-10 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EX1411311" A
t,E(iA1. DESCRIP7ry10N 0l EASEMEN3" AREA.
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L3, East Easement Area:
AN EASEMENT, LYING IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE
5 EAST, W.M,, IN ICING COUNTY WASHINGTON, BEING IN THE LAKE WASHINGTON SHORELANDS AS
SHOWN ON MAP PREPARED BY UDO HESSE UNDER KING COUNTY SUPERIOR COURT CAUSE No.
156371, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THAT TRACT OF LAND BOEING ACQUIRED
FEBRUARY 11, 1966 FROM PUGET SOUND POWER & LIGHT COMPANY, DESCRIBED AS SHUFFLETON
B IN DOCUMENT RECORDED UNDER AUDITOR'S FILE No. 5988091, SAID CORNER BEING ON THE
INNER HARBOR LINE; THENCE SOUTH 43006'56" EAST ALONG THE EASTERLY BOUNDARY OF SAID
TRACT, 212,17 FEET; THENCE SOUTH 46026"13" WEST, 10,00 FEET; THENCE NORTH 43"06'56" WEST,
183.84 FEET; THENCE SOUTH 71"03'17" WEST, 69,38 FEET TO SAID INNER HARBORLINE; THENCE
NORTH 4605306" EAST ALONG SAID INNER HARBOR LINE, 73,30 FEET TO THE TRUE POINT
OFBEGINNING,
CONTAINING 3,021 SQUARE FEET, MORE OR LESS,
AMENDMENT NO. 3 TO
RECREATIONALTRAIL EASEMENT
AND AGREEMENT - EXHIBITS
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-11 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EXHIBET B
DEPICTION OF FASE;MEN'E AREA."W ,S I" E:ASEa,ME NT AREA"
(NEXT PAGE )
AMENDMENT NO, 3 TO
RECREATIONAL TRAIL EASEMENT
AND AGREEMENT- XHIBITS
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-12 of 17
Record Date:8/12/2021 7:18 AM King County, WA
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APRON—R 1
RON WAT RET TRAIL EXHIBIT , —4-i
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-13 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EXHIBIT B
DEPICTION OF EASEMENTAREA
"EAST EASEMENT AREA"
(NEXT PAGE)
AMENDMENT NO.3 TO
B CREATIONAL TRAIL. EASEMENT
AND AGREEMENT -- EXHIBITS
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-14 of 17
Record Date:8/12/2021 7:18 AM King County, WA
it L
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Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-15 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EXHIBIT c
DEPICTION OF EASEMENT AREA
"STATE-OWNED AREA"
Approximate location of Boeing Stormwater Outfall Infrastructure, Wingtip Clearance Line, and
Utility Easement Located on State -Owned Land as further described in the Outfall Easement and
the Aquatic Lands Easement:
AMENDMENT NO. 3 TO
RECREEATIONAI, TRAIL. EASEMENT
AND AGREEMENT -EXHIBITS
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-16 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EXHIBIT D
DEPICTION OF THE SECURITY FENCE
(Page I of 2)
Plan View of Security Fence:
el
W4141t4GTONr
-` Security Fence Location .
40
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Boeing may install locked access gates in the Security Fence where reasonably required by
Boeing to facilitate access to the State -Owned Area for stormwater sampling, catch basin
maintenance, andother activities related to the Aquatic I:..ands Easement and Outfall Easement.
AMENDMENT NO, 3 TO
RECREATIONAL TRAIL EASEMENT
AND AGREEMENT- EXHIBITS
Instrument Number: 20210812000030 Document:EAS Rec: S219.50 Page-17 of 17
Record Date:8/12/2021 7:18 AM King County, WA
EXHIBIT D
DEPICTION OF THE SECURITY FENCE
(Page 2 of 2)
Elevation View of Security Fence:
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APRON R PAVEMENT
1 3/4" GRADE DIFFERENCE DETVTEEN LANDING GEAR
AND NORTH APRON R PAVEMENT (AT FACE OF CURB)
AMENDMENT NO. 3 TO
RECREATIONALTRAIL, EASEMENT
AND AGREEMENT" -- EXMBITS