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HomeMy WebLinkAboutE 20110322000779 , � AFTER RECORDING RETURN DOCUMENT TO: CITY OF RENTON City Clerks Office 1055 South Grady Way Renton, wA 98057 2011032200077 CITY OF RENTON EAS ss.ee PAGE-001 OF 005 KINGZCOUNTY13WA$ THIRD AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMFNT Grantor: Segale Properties LLC EXCISE TA� NCJT°It�Q(J�ELL� Ki Ca �e�ords Grantee: City of Renton g �_ -�PutY Legal Description: Abbreviated Legal Description: Portions of Section 16, Township 23 North, � Range 5 Full Legal Description: See Exhibit A attached. Assessor's Tax Parcel Nos.: 1623059059 Reference Nos. of Documents Released or Assigned: 20060602001486, THIS THIRD AMENDMENT TO TEMPORARY EASEMENT FOR SU E WATER DRAIivAGE OVERFLO``J AI�TB AGREE1ViENT ("Ame�ument"), da�ed as �f� �1 , 2010, is entered into by and between SEGALE PROPERTIES LLC, a Washington limited liability company, successor by name change to LA PIANTA LLC, a Washington limited liability company, successor by merger with LA PIANTA LIMITED PARTNERSHIP, ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). This Agreement amends and restates in its entirety that certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November 21, 1996 and recarded under Recording No. 9612120153, as amended by that certain Amendment to Temporary Easement far Surface Water Drainage Overflow and Agreement, dated May 30, 2006 and recorded under Recording No. 20060602001486 (the "First Amendment"), and that certain Second Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement dated September 26, 2007 and recorded under Recording No. 20070928000176, (the "Second Amendment"), (collectively, the "Agreement"), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surface water over Grantor's property, which is more particularly described in w , Exhibit A attached hereto. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless stated otherwise. RECITALS A. Grantor is the owner of certain real property, (the "Property") located in the City of Renton, King County, Washington and legally described on Exhibit A attached hereto. B. The Agreement granted Grantee the right to perform certain improvements within the Easement Area to allow far the Temporary Overflow System to provide for Permitted Drainage onto the Property. C. Section 3 of the Agreement states rhat the term ef the easement shall be coterminous with Special Use Permit No. SP-92-174 and be extended to be coterminous with any subsequent issued Special Use Permit. Per Section 3, the term of the Agreement was automatically extended to be coterminous with Special Use Permit No. LUA00-064, SP, which terminated July 31, 2010. D. Grantee has constructed all necessary improvements within the Easement Area and wishes to continue using the Temporary Overflow System. E. The parties wish to reinstate and amend the Agreement to allow Grantee to continue using the Temporary Overflow System according to the agreement set forth below. AGREEMENTS 1. Reinstatement. Grantor and Grantee hereby agree that the Agreement shall be reinstated in its entirety with full force and effect, with each party having the rights and obligations set forth therein. 2. Term of Easement. The Agreement is hereby amended by deleting in its entirety Section 3, which was last amended in the First Amendment, and substituting the following therefor: 3. TERM OF EASEMENT. The Easement shall be reinstated as of the date hereof and shall automatically terminate and expire on February 1, 2011, or on such sooner date as improvements have been made to the 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. In the event Grantor receives, prior to the termination date of the Easement as set forth above, a Special Use Permit authorizing Grantor to continue to fill Grantor's Property, provided that such Special Use Permit contains substantially the same rights as are granted to Grantor under LUA00-064, SP, this Easement and Agreement shall be deemed immediately amended such that (i) the term of the Easement shall be extended by a period of five (5) years such that the new termination date of the Easement shall be February l, 2016 and (ii) 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 under the Agreement, or to storm water monitoring and sampling and testing of storm water on the Property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantor's obligations arising out of such subsequently issued permit. 3. Relocation and Adjustment of Len t�h. Upon at least sixty (60) days prior written notice from Grantor to Grantee, Grantee shall relocate Grantee's systems to a location mutually acceptable to both Grantor and Grantee, provided however, that such relocation shall be at Grantor's sole cost and expense. Additionally, u�on at least sixty (60) days prior written notice from Grantor to Grantee, Grantee shall, at Grantee's sole expense, decrease the length of the existing 21" HDPE storm Pipe that is located in the Easement Area, and ends at an elevation of approximately 286', to allow for Grantor's filling of the Property. In the event Grantee does not decrease the length of the storm pipe within sixty days of receiving written notice from Grantor, Grantor may decrease the length of the pipe, at Grantee's expense. 4. No Other Changes and Inte ra� tion. In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without charge. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understandings or representations pertaining as to any such matters shall be effective for any purpose. DATED as of the day and year first above written. GRANTOR: GRAN'TEE: SEGALE PROPERTIES LLC, a CITY of RENTON, a municipal �• � Washington limited liability company corporation .� '��.�`; � ` a' / n : ��. BY' " 4 . By: Metra Land D lopment, Inc., its � �. : c� ' " � Manager ` �`J � Mayor Denis Law /0-a2'=�DyO. �' s• . ,., By: =t'r r. * ' . Mark A. Sega 'ce President ��''"�•�•�•�•"''Y � ATTEST: '�. �Q�� Bonnie I. Walton, City Clerk . � , . � STATE OF WASHINGTON ) )ss. COUNTY OF ) On this "Z°� day of October, 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Mark Segale known to me to be the Vice President of Metro Land Development Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. . ignature BRIAN R. COOMBS �Jtic>n �v,.,.bi NOTARY PIJBLIC PrintName STATE OF WASHINGTON NOTARY PUBLIC in and for the State of COMMISSION EXPIRES DECEMBER 15,2011 Washington,residing at�T�Icw;�+ My commission expires �Z 1+r�i� EXHIBIT A Legal Description A portion of the East %z of the NE '/4 of the NW '/4 of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land (30) feet in width being fifteen(15) feet of such width on each side of the following described centerline; Comtnencing at the NE corner of the above described parcel; Thence southerly along the East line of said parce1302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton,King County, Washington.