HomeMy WebLinkAboutSP-Exceptions 050_9208101723CAG-92-039
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TEST LAIN AGREEMENT
This AGREEMENT is made as of the 2fA day of
1992 by and between The Boeing Commercial
A rplane Company, a division of The Boeing Company, a
Delaware corporation ("Boeing") and the City of Renton, a
Washington municipal corporation ("City").
RECITALS
N1. Boeing is the owner of certain real property
("Property") located in the City of Renton, King County,
Washington, and more particularly described in EXHIBIT A
attached hereto and by this reference made a part hereof.
2. Boeing intends to develop its Customer Service
0, Training Center ("CSTC") on a portion of the Property.
3. The CSTC will include a stream and lake ecosys-
tem ("Stream and Lake System" or "System") designed to
C enhance stormwater runoff quality, wildlife habitat and
campus aesthetics.
I
4. In order to properly design and construct the
Stream and Lake System, it is necessary to construct a
test lake ("Test Lake") on the Property in the approximate
location shown on EXHIBIT B attached hereto and by this
reference made a part hereof. The Test Lake is not part
of the CSTC development program. If the Test Lake demon-
strates that the Stream and Lake System will be successful
and if the CSTC is constructed, the Test Lake will be
subsumed by the System.
5. The Test Lake will be used as a means to gather
information about the soil and groundwater characteristics
of the Property, including, but not limited to, informa-
tion regarding the rates of required make-up water, soil
permeability, infiltration, exfiltration, evaporation,
transpiration, seepage, sedimentation and general appear-
ance.
6. The City has analyzed the environmental impacts
of the Test Lake and has approved its construction,
subject to the terms and conditions set forth in the
TEST LAKE AGREEMENT
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City's "Determination of Non -Significance --Mitigated
("MDNS"), issued on February 21, 1992.
7. The MDNS requires, in part, that Boeing and the
City agree to a number of procedures regarding (a) the
construction, operation and monitoring of the Test Lake
while in use and (b) the restoration of the Test Lake site
to former conditions should the Test Lake demonstrate that
the Stream and Lake System will be unsuccessful or should
Boeing determine that the CSTC will not be constructed.
AGREEMENT
NOW, THEREFORE, for a good and valuable considera-
tion, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Duration of Test Lake operations: Boeing shall
operate the Test Lake for a maximum period of 18 months
following the day ("Commencement Date") that installation
of the Test Lake is completed and data begins to be
collected from the Test Lake (as such period may be
extended, the "Testing Period"). Boeing shall notify the
Department Administrator of the City's Plan-
ning/Building/Public Works Department of the Commencement
Date no later than five business days following that
event. The foregoing notwithstanding, Boeing may apply to
the City for an extension of the Testing Period, which
extension shall be a maximum of six months from the end of
the initial 18 month period.
j- 2. Coordination witb Storm Drainagr Systems.
O Boeing shall coordinate the operation of the Test Lake
with the operation of any or all storm drainage systems
aC� for the CSTC.
(71 3. Status of Test Lake Upon Completion of Testing
Period. Should the Test Lake (a) demonstrate to Boeing's
satisfaction that the Stream and Lake system will be
successful; (b) demonstrate to the City's satisfaction
that the Stream and Lake System will comply with applica-
ble environmental regulations; and (c) should Boeing
determine that the CSTC will be constructed, the Test Lake
will remain until construction of the System, at which
point the Test Lake will be subsumed by the System.
Alternately, if the Test Lake demonstrates that the Stream
and Lake System should not be used, because (a) Test Lake
data demonstrates that it is infeasible or will not comply
TEST LAKE AGREEMENT
103009-0392/S8920940.0031
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with applicable environmental regulations or (b) Boeing
determines that the CSTC will not be constructed, Boeing
will restore the Test Lake site according to the specific
dewatering and restoration plan described below.
4. Restoration Plan. If it is determined according
to the standards set forth in Section 3, above, that the
Stream and Lake System will not be used, Boeing shall
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submit to the Department Administrator of the City's Plan-
t'
ning/Building/Public Works Department a specific dewater-
"
N
ing and restoration plan for the Test Lake ("Restoration
Plan") within 14 business days of the end of the Testing
_
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Period. The Restoration Plan shall, to the extent possi-
ble, conform to the general outline provided by the
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Conceptual Plan for the Dewatering and Restoration of the
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Test Lake, required by the MDNS and approved by the
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Planning/Building/Public Worker Department on March 12,
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1992. The City shall approve or request revisions of the
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Restoration Plan in a timely manner.
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6. Access. Boeing shall permit the City reasonable
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access to the Property for the sole purpose of monitoring
the operation of the Test Lake; provided, however, that
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the City shall notify Boeing of its intent to monitor the
Test Lake area at least 24 hours in advance. The City's
limited right of access under this Agreement shall expire
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20 business days following either (a) the end of the
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Testing Period (if the Test Lake is successful) or (b)
notification by Boeing and concurrence by the City that
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Test Lake site restoration is substantially complete (if
crestoration
of the Test Lake site is required as set forth
in Section 4 of this Agreement).
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6. Indemnification. The parties each agree to
indemnify, defend and save the other harmless from any and
all claims for damages suffered, and any other loss, cost
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or other expense incurred by the other, or any claim,
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demand or action asserted against the other, arising out
of the indemnifying party's exercise of the rights granted
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herein. The provisions of Section 8 of this Agreement
�z notwithstanding, this Section 6 shall survive termination
of this Agreement.
7. Recording. Boeing shall submit this Agreement
to the office of the King County Department of Records and
Elections for recording prior to issuance by the City of
the first site preparation permit required for construc-
tion of the Test Lake.
TEST LAKE AGREEMENT PAGE 3
103006-0382/S8320640.0031 3/30/92 2:22 p,n
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a. Termination. Except as otherwise noted, this
Agreement shall terminate and shall no longer ..a valid or
of any force or effect as of the end of the Testing "eriod
(if the Test Lake is successful and the CSTC will be
built) or notification by Boeing that Test Lake site
restoration is substantially complete (if restoration of
the Test Lake site is required as not forth in Section 4
M of this Agreement). Upon termination, the City shall
N promptly sign documents requested by Boeing in order to
~ remove this Agreement from the public record.
O
O AP ED: THE CIT OF RENTON, a municipal
N torpor n of the State of
0` Washin o
awrence J. rren, By:
City Attorney Title:
THE BOEING COMMERCIAL AIRPLANE—'
COMPANY, a division of The Boeing
Com i o ration
By:
WISF12. Nelson, Director of
ac ities and Services
STATE OF WASHINGTON
) as.
COUNTY OF '�<,4*x R _ )
On this c 9 day of �' 1992, before me, the
undersigned, a Notary Pub l n and -for the State of
Washington, duly commisstoned and sworn, personally
appeared Ldel. �lneQ, ,
to me known to be the person who signed as
y of The City of Renton, the
municipal corporation that executed the within and forego-
ing instrument, and acknowledged said instrument to be the
free and voluntary act and dead of said corporation for
the uses and purposes therein mentioned, and on oath
stated that i was duly elected, qualified and acting
as said off car of the corporation, that A e�,_ was
TEST LAKE AGREEMENT
103002-0352/S B• 20.40.0031
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authorized to execute said instrument and that the seal
affixed, if , any, is the corporate seal of said corpora-
tion.
IN WITNESS WHEREOF I have hereunto not my hand and
official seal the day and year first above written.
NOT in and for the
State 1
of Washington, residing at �..J
My Appointment Expires:
STATE OF WASHINGTON
) Ba.
COUNTY OF U )
On this day of , 1992, before me, the
undersigned, a Notary Pub c n and for the State of
Washington, duly commissioned and sworn, personally
appeared James J. Nelson, to as known to be the person who
signed as Director of Facilities and Services of The
Boeing Company, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and dead of said corpora-
tion for the uses and purposes therein mentioned, and on
oath stated that he was duly elected, qualified and acting
as said officer of the corporation, that he was authorized
to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
IN -WITNESS WHEREOF I have hereunto sat my hand and
official seal the day and year first above written.
NOTARY PUBLIC in and f r hs
State
of Washington, residing at �.
My Appointment Expires: 0-
TEST LAKE AGMEMEW
109M-035=0120040=1
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EXHIBIT A
Page 1 of 5
PARCEL A
All that certain real property situate in the City of Renton, County of King, State of Washington,
being a portion of Henry A. Meader's Donation Land Claim No. 46 in Sections 24 and 25,
Township 23N., Range 4E., W.M., and a portion of Government Lot 8 in said Section 24, and
being more particularly described as follows:
BEGINNING at the intersection of the North line of said Donation Land Claim No. 46, with the
most Westerly line of Government Lot 13 in said Section 24; thence from said POINT OF
BEGINNING S00'56'17'W 1257.95 feet; thence SOl'02'56'W 154.52 feet to the northerly line of
the City of Seance Bow fake Pipeline right-of-way as conveyed by deed recorded under Recording
No. 4131067, King County records; thence along said northerly line S72'44'48'W 436.96 feet;
r thence tangent to the preceding course along the arc of a curve to the right laving a radius of 122.55
O feet and a central angle of 2010115% an arc length of 42.82 feet; thence tangent to the preceding
curve N87' 13'57'W 1377.97 feet to the East right-of-way line of the Burlington Northern Railway;
0O thence along said East right-of-way line NO2'07'43'E 1709.63 feet; thence tangent to the preceding
CV course along the arc of a curve to the left having a radius of 2107.00 feet and a antral angle of
14'09'08", an arc length of 520.44 feet to the westerly line of the former Puget Sound Shore
Railroad Company's Seattle Line; thence along said westerly line N02007'430E 221.30 fat to the
southeasterly line of the parcel conveyed to the State of Washington by deed recorded under A.F.N
8412140016, King County records; thence along said southeasterly line N66017'56'E 35.69 feet to
a point on a line that is parallel with the South line of said Section 24, and passes through the most
southerly corner of the southernmost of two concrete abutments rear the westerly extension of S.W.
16th Street; thence along said parallel line S87'43'33'E 67.88 fat to the easterly line of said former
Puget Sound Shore Railroad Company's Seattle Line; thence along said easterly tiro NO2'07'43'E
11.96 feet to the southerly right-of-way line of 1405; thence along said southerly dot -of -way line
N8I 057'27"E 43.10 feet; thence tangent to the preceding course along the are of a curve to the left
having a radius of 603.14 feet and a central angle of 19'04'30', an arc length of 200.80 feet; thence
tangent to the preceding curve N62'52'57'E 90.32 feet; thence leaving said southerly right-of-way
line S00'22'l VW 1022.22 fat to the North line of said Donation Lad Chdm No. 46; thence along
said North line S87' 13'57'E 1462.38 fat to the POINT OF BEGINNING.
Contains 72.83 Acres of Land more or less.
The Basis of Bearings for this description is the Record of Survey for Brofdacres, Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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EMIBIT A
Page 2 of 5
PARCEL C
All that attain real property situate in the City of Renton, County of King, State of Washington,
being that portion of Henry A. Meader's Donation land Claim No. 46, in Section 25, T.23N.,
RAE., W.M., described as follows:
BEGINNING at the intersection of the South line of said Donation Claim, and the East line of
N Government Lot 10 in the N.E. 'A of said Section 25; thence from said POINT OF BEGINNING
r along said South line N87°13'57"W 1842.90 feet to the East line of the Burlington Northern
Railway; thence along last said East line NO2°06'48"E 129.69 fat and N02007'43-E 251.58 feet
O to the South line of the Bow Lake Pipe Line as conveyed by deed recorded under recording No.
CV
ON 4131067, King County records; thence along said South line S87'13'57"E 1377.63 feet; thence
tangent to the preceding Bourse along the arc of a curve to the left having a radius of 152.55 feet and
a central angle of 20"01'15", an arc length of 53.30 feet thence tangent to the preceding curve
N72044'48"E 427.04 feet to the northerly prolongation of the East line of Government Lot 10;
thence along said northerly prolongation S01 "02'56"W 536.89 fat to the POINT OF BEGINNING.
Contains 16.87 Acres of land more or less.
The Buis of Bearings for this description is the Record of Survey for Broad&= Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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MMIBIT A
Page 3 of 5
PARCEL F
I All that certain real property situate in the City of Renton, County of King, Stae of
Washington, being s portion of Government Lots 10 k 11 m Section 25, Township 23N., Range
4E., W.M., and being more particularly described as follows:
BEGINNING at the intersection of the South line of Henry A. Mea ier's Donation Land Claim
No. 46. with the Fast line of said Government Lot 10; thence from said POINT OF
BEGINNING along said Eau line SO1'02'56"W 255.38 fen; ubance leaving sold East line
CMV N88'16'55'W 1947.57 feet to a point on dr. Fist line of the Buribigm Northern Railroad
r right -of way which is 289.12 fen Southerly, u measured along acid riglu-of way line, from the
interne Lion thereof with the South line of said Donation Land Ciaim No. 46; thence along but
C said Eau line NO2.06'48"E 289.12 feet to the South line of said Dcottion Land Claim, thence
N alon& said South line S87'13'578E 1942.90 feet to the POINT OF BF,GDRMG.
Contains 11.53 Acres of Land more or lus.
C The Basis of Bearings for mu des rWm is the Record of Survey for Broadaaaa. be.,
recorded in Book 10 of Surveys as page 2, under Recordht8 No. 7707289002, JUPS County
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EXHIBIT A
P&W 4 of 5
PARCEL G
All that certain real property situate in the City of Reemon, County of King. State of
Washington, being a portion of Government Lott 10 and 11, and of the S.W. 114 of the N.E.
1/4, and of the S.E. 114 of the N.W. 1/4, all in Section 25, Township 23N., Range 4E., W.M.,
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and being more panieularly described as follows:
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BEGINNING at a point on the East line of said Govemmem Lot 10, distan! thereon
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S01.02'56'W 255.38 feet from the intersection thereof with the South line of Henn Mender's
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Donation land Claim No. 46 thence from mid POINT OF BEGINNING, along said East line
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of Government Lot 10, and the east line of acid S.W. 1/4 of the N.E. 1/4 of Section 25,
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S01.02'56' W 1112.01 feet to a line that is Waliel with and 545.6 feet northerly of the East-
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West centerline of said Section 25 (measured along the Fast lithe of acid S.W. 1/4 of the N.E.
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1/4); thence along said parallel line N87057'426W 1908.19 fat to a line that is parallel with
CD
60.00 fat East of the Eau line of the Burlington NOrdhern Railway right-of-way; thence
along Last said parallel line NO2.06'48'E 554.48 fat; dhma N040081494W 550.24 feet to a
f't,2point
on said East line of tail BurlkWon Northern Railway rl&of-way, distant thereon
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S02.06'48'W 289.12 feet from the ithtesaaxfon dhetnof vVp11 tlhe South Line of acid Donation
Land Claim No. 46; thence S88.16'55'E 1847.57 feet to the POINT OF BEGINNING.
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Contains 46.06 Acres of Land more or less.
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The Basis of Bearings for this description b the Record of Survey for Broadactu, Inc.,
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recorded in Boot 10 of Surveys at
eY pqe 2. under Reeordirhj No. 7707289002, King County
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MIBIT A
Page 5 of 5
PARCEL 1
All that certain real property situate in the City of Renton, County of King, Slue of Washington,
being Government Lot 14, and a portion of Government Lot 8, both In Section 24, Township 23
North, Range 4 East, Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24. and a portion of the N.E. 114 of the S.E. 1/4 of sold Section 24, and being more
paniculaly described as follows:
BEGINNING at the Southwest corner of she N.E. 1/4 of the S.E. 1/4 of said Section 24; thence
from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00.56'17'W
68.96 feet to the North line of Henry A. Mender's Donation Land Claim No. 46; thence along said
North line N87'13'57'W 1462.38 feet; thence leaving saki North line N00.22'1VE 1022.22 feet
N to the southerly rlgM•of•way line of 1.405; theswe along add southerly right-of-way line sod the
ti south right-of-way line of S.W. 16th Street from a tangent chat ban N62'52'57'E, along the arc
p of a curve to the right having a radius of 543.14 feet and a central angle of 26.45'00', an arc length
c-p of 253.58 feet; thence tangent to the preceding curve N89'37'57'E 1079.63 feet; thence tangent to
N the preceding course along the aic of a curve to the left having a radius of 1940.08 fed and a central
as angle of 02'52'00', an arc length of 97.07 feet; thence tangent to the preceding curve N86.45'57'E
4.56 feet; thence tangent to the preceding course along the are of a curve to the right having a radius
of 1880.08 feet and a central angle of 01'32'55', an arc length of 50.81 tea; to the northwest corner
of the parcel conveyed to the City of Re" under A.F. 08911030810, King County records; thence
A along the boundary of last said parcel S08'35'56'W 42.70 feat and N79'13'48'E 52.00 fed to the
`- west bank of the Whir River Drainage Ditch No. 1; thence along said west bank die following
courses: S00'34'040W 138.18 fed, S27.08-00-E 186.06 feet, S29.52-37-E 79.58 feet,
S35.57'46'E 133.48 feet. S31.23'55'E 99.64 fed, S48.12'006E 170.74 feet, S60'12'45'E 105.81
feet, S80.40'25'E 141.99 feet, S40'52'33'E 1".78 fed, S34.40'43'E 132.06 fees, S18.10'45'E
75.74 feet, and S24.541270E 64.27 feet to the South Iine of she N.E. 1/4 of the S.E. 1/4 of said
Section 24; thence along list ssid South line N87.26'45' W $99.63 feet to the POINT OF
BEGINNING.
Contains 47.38 Acres of land more or less.
The Basis of Bearings for this description Is the Record of Survey for Broadaxes Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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