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Home My WebLink AboutE 20120530001618 . r 4 , �-�� CHICAGO TITLE INS. CO CLJ REF�# � 3 / 7 �5�/ - Iv WHEN��o�ED�TU�To: 20120530001618 CHICAGO TITLE EA3 71.00 PAGE-001 OF 010 City of Renton KINGOCOUNTY15�A5 1055 S. Grady Way Renton, WA 98057 Attn: City Clerk R ;, , �,.�-,s ,p �:�:,t _. . t ,� .E� ,.;��.. .. .:;� 4;;. ;;9.iie-.�,r�s�;:::�:s�� BY ,�;:5�.,�4� ,.,; DOCUMENT TITLE(S) TEMPORARY CONSTRUCTION EASEMENT REFERENCE: GRANTOR: UNITED STATES POSTAL SERVICE GRANTEE: CITY OF RENTON ABBREVIATED LEGAL DESCRIPTION: Ptn of Lot B, C/Renton LLA #99075, 19990623900005. ❑Complete legal description on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): Ptn of 518210-0031 ❑ (Check if applicable and sign below) I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. TEI��IPORARY CONSTRUCTION EASEMENT Renton WA 980_59 — Hightands Post Office THIS "I'EMPORARY CONSTRUCTION� EASEMENT ("TCE") is entered into this _�� day of_ �_�_ 2412, by and bet�veen the United States Postal Service, an independent establishment of the Executive Branch, having a place of business at 4301 NE 4`h Street, Renton WA 98059 (the "Grantor or Owner") and the C'ity of Renton, a Washington municipal corporation, having a place of business at 1055 South Grady Way, Renton, WA 98057 (the `Grantee or City"). RECITALS WHEREAS, the Grantc�r is the owner of certain land known as the Highlands Post Office, Renton, Washington, and legally described in Exhibit A, attached hereto and incorporatcd herein. WHEREAS, the City is undertaking the NE 3"�/4'h Corridor Improvemcnts, Phase 1 Project (the "ProjecY') and the City desires to obtain a TCE during the Project. The City and their contractars require temporary use of the Grantor's property to facilitate the construction activities for this Project. The portion of the Grantor's Parccl that is the subject of this Easement ("Easement Area") is legally described in Exhibit B, attached hereto and made a part hereo£ The Owner desires to caoperate to the extent specified herein. NOW, THEREFORE, for consideration of mutual benefits, and the mutual promises and agreements containcd herein, and other good and valuable considerations, tlle receipt and sufficiency which are hereby acknowledged, the parties agree as follo�vs. 1. Recitals. The foregoing recitals are incorporated lierein by reference. 2. Grant of Temporarv Easement. Owner hereby grants, bargains, and conveys to the City, and to its successors and assigns a temporary construction easement on, over and across the Eascment Area for the purposes set forth in Section 3 below. 3. Purpose of Easement. The easement granted herein shall be for construction purposes only as described in Exhibit C. 4. Restoration. All areas used shall be restored to the same or better condition than existed prior ta the execution of this TCE and left in a neat and workmanlike manner. 5. lnterference. The Owner reserves the right, however, to use the Easement area for any purpose not inconsistent with the rights granted herein. The City agrees throughout the duration of this Easement to provide the Owner, its employees, customers, and the public with continual and uninterrupted access to the Postal v facility. ln the event the City fails to provide continual and uninterrupted access ta the Postal facility, the Owner has the option of terininating this Easement by providing written notice to the City that the Easement is terminated at no cost to the Owner. Upon receipt of said notice, the City has five (5) business days to remedy the situation. In the event the City fail to provide access to the Postal facility within the five (5) days, said notice of termination shall becoine tinal and the Easement is ter�ninated. 6. The City, by acceptance of this Easement, agrees for and on behalf of itself and its agents, servants, employees, contractors and invitees that the Owner, its successors and assigns shall not be responsible for damages, loss to property, injuries or death, due to the negligence, intentional acts, or inisconduct by the City or its employees, servants, agents or cantractors or invitees which may arise from or be incident to the use and occupation of the Easement by the City, nor for damages, loss to property, injuries or death to others who may be on said premises at the City's invitation. 7. The City, by acceptatice of this Easernent, agrees to defend, indemnify and hold harmless, the Owner, its successors and assigns, against any and all claims, demacids, damages, costs, expenses, and legal fees, far any loss, injury, death or damage to persons or property, which at any time is suffered ar sustained by the Owner, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the praperty that is the subject of this Easement, or be on or about the praperty that is the subject of this Easement, when such loss, injury, death or damage is asserted to have been caused by any negligent act or omission, or intentiona) act or miscanduct by the City, ifs agents, servants, employees, invitees, or cantractors. In case of any action or proceeding brou�;ht against the Ov��ner, by reason of such a claim as described above, upon notice from the Owner, the City covenants to defend such action or proceeding for any liability caused by the negligent acts or ainissions or intentional acts or misconduct by the City or its employees, servants, a�;ents or contractors or invitees. The Owner shall not be li�ble and the City waives and releases the Owner from al( claims for damage to persons or property sustained by the City, or the Gity's employees, agents, servants, invitees, contractors and custoiners resulting by reason of the City or its ernployees, servants, agents ar contractors or invitees occupying or visiting the property that is the subject of this Easement and/or appertaining to any equipment or appurtenances being used. All property belonging to the City and any use of the Easement by the City or its employees, servants, agents or contractors or invitees shall be at the risk of the City, and the O�.vner shall not be liable f��r damages to any sucii property or for the theft or misappropriation thereof. Nothing herein shall be construed to assume, waive or release any liability of the Owner pursuant to the Federal Tort Claims Act. 8. Applicable Law. Any claim, controversy or dispute arising out of this Easement shall be governed by applicable federal law. 9. Duration of Easement. This Temporary Construction Easement shall expire two (2) years from the date of execution of this Easement or at the termivation�of the construction and all work described herein, whichever is earlier in time. l0. lnsurance. Grantee agrees to require its contractors to carry anci maintain workmen's compensation, comprehensive general liability, and cominercial automobile insurance policies in the following amounts and name the Postal Service as an additianal insured: Comprehensive General Liability - $1,000,000 per occurrence/ $2,000,000 in the aggregate Commercial Automobile Liability- $1,Q00,000 per occurrence/ $I,000,000 in the a�gregate l 1.The Grantor does not warrant that the Easement area is suitable for the purpose of installation of said improvemcnts and Grantee hereby waives any express or implied warranty on the part of the Grantor. Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said Easement. IN WITNESS WHEREOF, the parties hereto have executed this Easement of the day and year first above written. Grantor: United Sta � • �ce By: STATE OF ) ) ss COUNTY OF ) On this day of , 20 , before me personally appeared to me known to be the of the City of Renton that executed the within instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument. NOTARY PUBLIC My commission expires: Grante� � B /� '(7 r�,q q ' � rv�.�. � , P v.i�J �,��'S'''y�(-�'� STATE OF V�Gl,S��`�"�'''1 ) I/ ) ss COUNTY OF i�-�� ) O�this �� day of � , 20 �?! personally appeared before me , �� h1_�� (,lr' �1w.rn,p.�r- ,v�.a►.. , who being by me duly sworn, did say thatCh�/ske � , and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presen;�tl ,i e fect, he/she executed said instrument as the act and deed of�+� t�=�t�� `N-�-�"'��'"o� r the pu ses therein mentioned. f�,,��..f.�.�,�` � .'`,i�..� ; R. 6�Q � � , �� `� � , � ,��+.•��•. Y= ' .__ . '', \`��s'e��g\ . .�'p•.� � v ` � � U;o�O"�sY�N� : NO RY UBL', � �� s► : z� �.y�.T�,.� ` - i�(�K�� ' r � � PUB�-�G� r ti�� My commission expires: �I r�" (� :, c��;•.,, �: -�-'�:��l�� 2 �qTF�O� W p,s�,�ti � �'��iii�Nl1 STATE OF /S'T. G��-�—> ) ) ss COUNTY OF ___ ) On this�¢ day of ___, 20 l3;before me perso�lly appeared �'�Al /►'J� �' to mc knawn to be the � ��• of the C' at cxccuted the within instrwnent, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument. _�;� �+�CGl.S i+�S � �� I� . r ��••'��'�•. ��RY PUBL[C �� :� ��•: ��¢ �!d O; CO►t��1S4t ' My comm�ssion expires� / -' ' Exo �N ' � __ ___ . !`P�.2: 1�7p j� �e��: t, �' •.. .....•-"J �. ' . Q F �O�-,,�, ''��„�,��►�••, Gra e : C B : �' G✓tq9 i/ ,,a'�+►. , — P�' � �,'�'°'' STATE OF �✓� ) '/ ) ss COUNTY OF 1�-�n ) O� this �� day of M�_, 20 ��; pers lly appcared before me t�,r' �1w�Mn,e�r w�.a , who being by ine du �worn, did say that�Q/y#e u'��`-�w��M'';`�' ,, and acknowledged to me that, acting under a de tion of authority duly given and evidenced by law and presently„ir�e fect, he/she execu said instrument as the act and deed of��G.7�=�� `�w•�",'m"��'�'� or tj�e pu ses therein mentione .-_ J��//////i�` l � t�`' � �. h► '' ``,��y�ON�,r�y'9 ;` �J '- `' � � U°��O��Y `�N=• � NO RY UBL � •� ,•• G ;O� �y�Tt�,ti (�� r � ' p��,�p;•�� My cammission expires: '�/c� I�(�`.�I ;�'�''••.8;21 . � �► i �9TF OF W PS�� '��.�,i,N�N . . Pdl'd�t'1ltl'iX EXHIBIT A TAX PARCEL NO. 5182100031 PROJECT PARGEL 24 DESCRIPTlON A P4RTION OF THE MARTIN'S ACRE TRACTS (AN UNRECOROED PLAT) LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER QF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERlDIAN, ItV THE GITY OF RENTON, COUNTY OF K1NG, STATE QF WASHINGTON, DESCRIBED AS F�LLOWS: LOT B OF C1TY OF RENTON LOT LINE A�JUSTMENT NO. 1UA99075LLA, RECORDED UNDER RECORDING NUMBER 199906239Q0005 RECORDS OF KtNG COUNTY, WASHINGTON. CONTAINING 3.222 ACRES OR 140,330 SQUARE FEET AS DEFINED 4N SAID LOT LINE ADJUSTMENT. , ��, iRQr�� .,.___-�t � �,� �'�`�5��.��C; 4 � 1 � � �r3s � �u��s7�"�: �a�` �'°�'�tt.t,ns��'•�' �-IZ-IL Parametrix EXHIBIT B TAX PARCEL NO. 5182100031 PR(�JECT PARCEL 20 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A PORTION OF LOT B OF CITY OF RENTON LGT LINE AGJUSTMENT NO. LUA99075LLA, RECORDED UNDER RECORDING NUMBER 19990623900005 RECORDS OF KING COUNTY, WASHINGTON, BEING MC7RE PARTICULARLY DESCRIBED AS FOLLOWS: CUMMENCWG AT THE NORTHEAST CORNER OF SAID L�T B; THENCE ALONG THE EAST LINE THEREOF SOUTH 00°47'49" WEST, 16.00 FEET TO THE POINT OF BEGINN�NG; TNENGE CONTfNUING ALONG SA1q EAST �INE SOUTN OQ°47'49"WEST 29 OC FEET; THENCE LEAVING SAID EAST LINE AND PARALLEL WiTN THE NORTH LfNE OF SAID LOT B, NORTH 88°03'06"WEST, 145.90 FEET; THENCE NORTN 28°06'28" WEST, 33.51 FEET; THENCE PARALLEL WITH SAID NORTH LINE 50UTH 88°03'Q6" EAST, 162 10 FEET TO THE POINT OF BEGINNING. CONTAINING 4,465 SQUARE FEET, MORE OR tESS. TOGETHER WITH: THE WEST 80 FEET OF SAlD �OT B, EXCEPT THE NORTH 16 FEET THEREOF. CONTAINING 36,400 SQUARE FEET, MORE OR LES5. ..--� ��'"'�, tRO.�,�1 ' �3ti'.��As��i�'�� , ��;�,� ,-� ti;�,� � �t ,.� , � � '• � i � ,� �, j'�2 3313a ,V , �;t,5'I'Y:�Z�,;.%�:y`�' �S��`'A l,I.A;tD°'�`,4 �` ��r7i _ 1 ot 2 NE. 4TH STREET sse°os�ostle _ _. � � i- � _ � S88°03'Q6"E 162.1p---" �i � ; �' a.ass sF r.P.o.a. —� �;i ,;, Nea�osros°w ,as.so� �, ; � � � , � _ �� , �I < � � �oT � g e , �— _ sc�� .._ _ �� 19990623900005 I � U.S, , POST � � ( ss,noo OFFICE � SF � ( i i ', f � i ( rn»rr.>rr.>rnn1R11� � �2 D/� I ' ri�,�11VJY/l,/O i � �l ! '�"�1 �� p wAslt, ✓1 , �4> 4'� ��; ,� � , I � �' � _ ; �� ;� t?;i;s� �� , ,yti TENPORAR�Y CONS1RtIGTIUlv EASE�+fNi �� ,rs�r.µ ��4 � ��'�'%f I. ` 5 PARCEL ll•7E P 0.8.=POIt�Ii ;;� ;EG t,:�it�'G I.dr�j'� _, ____..y-- ��%'�%�%�� EXiS�iNG R(ri1 PQ.C.=P(NNT Of �Oi�MENCEMEN? �G,865 S f MfIRE OR LfS.S AREk �arametrix , ,� :r,�,: �,= ��.a<Wa,_,�.�, �. EXNIBIT B j` TPN 5182100031 PROJECT PARCEL 20 ;�,Z� PAGE 2 OF 2 TEMP CONST. EASEMENT �__ _ t�=ao� � • � City of Renton(CITY�—NE 3rd/4th Street Corridor Improvements Project USPS Renton Highlands Station EXNIBIT C SCOPE OF WORK-TEMPORARY CONSTRUCTION EASEMENT 1. Construct a new mail drop-off(snorkei lane)on the west side of the USVS post office site and relocate the existing mail drop box,signing and associated illumination from existing snorkel lane to the new location, New snorke!lane shall be operational prior to CITY's removal o� ex�sting snorkel lane facilifies. 2. Construct new sidewalk and pedestrian gate between the post office building and the proposed mail drop box to allow postal employees to collect mai!f�om the proposed snorkel lane drop box location. 3. Construct a new driveway and automatic key-pad gate system(with relocated existing gate operator and control equipment)for new USPS employee-only access between the proposed access easement on the Seattle 6ank Parcel(Tax ID No. 518210-0020-03j and the south end of the employee-only parking Iot. 4. Relocate existing bioswale,modify existing drainage system, modify west edge of employee-on{y parking lot,and modify existing fencing as needed to accommodate new snorkel lane and driveway entrance. CITY shol!provide femporary fencing as necessary to mainiain fhe existing serure perimete�on[he post o�ce si[e. CITY sha/t temporarily displace no more than 22 porking spaces within the employee-o�ly parking area over a period of no more than 12 weeks to consiruci projed improvements. 5. Revise existing customer parking lot curbing and striping to allow two-way operation, includi�g revision of parking stalls to perpendicular configuration,widening the driveway entrance on Whitman Court NE, and closing the existing exit driveway to NE 4th Street. CITYshall temporarity displace no more fhan?customer parkinq spaces during construttion of modifica�ions to the customer parking loi,except that CITY will be aqowed to tempororily close one half of ihe parking lot during off-peak hours to remove exiruded curbFng, resirlpe parkinq sio//s and remove and replace wheel stops. Off peok hours are from 8:00 pm an Sa[urday to 6:Q0 am on Monday.UTY shall not otherwise restrid access to the cusiomer parking lot over the duration of the temporary construttion easement. 6. Remove existing landscaping at the north e�d of the customer parking lot and restore with low- growing plants to improve sight distance at the Whitman Court NE intersection. 7. Remove existing snorkel lane pavement and curbing and restore with topsoil and bark mulch. 4