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HomeMy WebLinkAboutE 20231025000245Instrument Number: 20231025000245 Document:EAS Rec: 5215.50 Page-1 of 13 Excise Does: 3258553 Selling Price: 50.00 Tax Amount: 510.00 Record Date:10/25/2023 11:50 AM Electronically Recorded King County, WA After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 Granter(s): Segale Properties LLC, a Washington limited liability company, successor by merger with La Pianta Limited Partnership, a Washington limited partnership Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Description: E 1/2 of NE 1/4 of NW 1/4 of SEC16, TWP23N, RSE, WM LESS N 330 LESS ST LESS C/M RGTS Full Legal Description on Page(s) Exhibit A of document King County Parcel Number: 162305-9059 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the "TCE"), is made and entered into as of the last signature date set forth below, by and between Segale Properties LLC, a Washington limited liability company ("Grantor"), and the City of Renton, a Washington municipal corporation ("City" or "Grantee"), its successors and assigns. 1. Grant. Under imminent threat of eminent domain and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Grantor, as the owner of that certain real property, known as King County Parcel Number 162305- 9059, legally described on Exhibit "A" ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a 497,915 square foot temporary construction easement (the "TCE"), over, across, in, upon, through and under that portion of the Property legally described and depicted on Exhibit "B" (the "TCE Area"), which are attached hereto and incorporated by this reference, for any and all activities in connection with the construction of the Monroe Ave NE Infiltration Facility (the "Project"), including, but not limited to mobilization, site preparation, grading, excavation, embankment, lighting, hauling of stockpiled material, equipment maintenance, storage of equipment and construction materials, stockpiling materials, storm water handling and erosion control facilities, conveyance and discharge of stormwater from Monroe Ave NE, loading and Page 1 of (12) Pages Parcel No. 162305-9059 162494386.2 FG:101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-2 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT unloading of trucks and/or conveyors, roadwork, landscaping, and final site cleanup and all other incidental purposes. 2. Term. The term of the TCE (the "Term") shall commence upon the later of (i) 14-days after the completion of the Remediation Work by Grantor specified in that certain Purchase and Sale Agreement for Easements dated August 21, 2023 between the parties or (ii) October 16, 2023 (the "Commencement Date"). The TCE shall continue for eighteen (18) months from the Commencement Date (the "Termination Date"). 3. Option to Extend. At Grantee's option and upon 30 days prior written notice to Grantor for the initial option to extend, and upon 15 days prior written notice to Grantor for every subsequent option to extend, Grantee shall have the option to extend the Term for up to six (6) additional thirty (30) day periods upon the same terms and conditions herein except that for each 30-day period for which Grantee extends the Term, Grantee shall pay Grantor additional consideration in the amount of Seventy -Four Thousand Six Hundred Eighty -Seven Dollars ($74,687.00) prior to the commencement of the then applicable extension period. 4. Construction. Grantee and/or its contractors shall provide forty-eight (48) hour -notice to the Grantor of its intent to commence construction. Grantee shall vacate the TCE Area on the Termination Date. Each Party shall use their best efforts to coordinate any respective construction projects such that they do not occur simultaneously or in conflict. 5. Surrender. Grantee shall, upon completion of construction within the TCE, vacate the TCE Area, including its construction equipment, personal property, and materials, and return the TCE Area to Grantor, as nearly as practicable, in a substantially similar condition for its intended use, at the elevations existing at the completion of construction, and with any material belonging to the Grantor returned in a reasonably similar condition in which it existed at the commencement of Grantee's construction, reasonable use excepted. 6. Reservation. Grantor reserves the right to use the Property, licenses or use rights to the Property for any purpose not inconsistent with the rights herein granted to Grantee so long as such use or use rights do not interfere with, obstruct, or endanger the construction, use, function, or efficiency of the TCE. Page 2 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-3 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT 7. Grantee indemnity. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this TCE or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this TCE, provided, however, that: (a) The Grantee's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the willful misconduct or negligence of the Grantor; and (b) The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). 8. Grantor Indemnity. The Grantor agrees to hold harmless, indemnify and defend the Grantee from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantor, or damage to property, related to this TCE, the Property or any willful misconduct or negligent act, error, or omission of the Grantor, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantor's activities on the TCE or Property, provided, however, that: (c) The Grantor's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the willful misconduct or negligence of the Grantee; and (d) The Grantor's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantor and the Grantee, or of the Grantor and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence Page 3 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-4 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT or willful misconduct of the Grantor (including an officer, agent, contractor or employee of the Grantor). 9. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. 10. Dispute Resolution Process (a) Participation. In the event that any dispute arises between the parties as to the interpretation or application of any term of this agreement, or as to the validity of any claim made by either party against the other, the Parties will seek to resolve any disputes under this Agreement as follows: a) An authorized representative of the seller or the seller's President shall meet with the buyer's Utility Systems Director. b) If the foregoing does not result in resolution, the seller's President shall meet with the buyer's Public Works Administrator. c) If the parties are unable to resolve the dispute through negotiations, the parties agree to participate in a nonbinding, neutral evaluation, and mediation of their dispute at a mutually agreeable location prior to commencing legal action. Either party may request that any dispute be submitted to neutral evaluation and mediation at any time upon the giving of written notice to the other party. (b) Selection of Mediator. Upon the giving of notice by either party as provided above, the parties shall attempt to select a neutral person to evaluate and mediate the dispute. If after thirty (30) days, the parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either party may terminate the dispute resolution process or the parties may, by agreement, seek other means of resolution. (c) Conflicts of Interest. Each party shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both parties agree in writing. Page 4 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-5 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT (d) Compensation of Mediator. The neutral mediator's charges shall be established at the time of appointment. Unless the parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally, and each party shall bear its own costs and expenses. (e) Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best case and position to the other party and the neutral mediator and for the parties to receive opinions and recommendations from the neutral mediator. The neutral mediator shall facilitate communications between the parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each party separately the neutral mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the parties as the result of the mediation shall be set out in a written addendum to this agreement. (f) Confidentiality. The dispute resolution process identified in this paragraph is a compromise negotiation. The parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the parties, their agents, employees, experts, representatives or attorneys, or by the neutral mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. (g) Reservation of Rights. In the event that the parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to each of them regarding such dispute. 11. Grantor and Grantee agree that in the event it becomes necessary for either of them to defend or institute legal proceedings as a result of the failure of the other to comply with this TCE, the prevailing party in such litigation will be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees (including fees for any appeals) and court costs. Page 5 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-6 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT 12. The parties agree to comply in all material respects with the requirements of all laws, code, regulations, orders, writs, injunctions and decrees applicable to the TCE or the Property. 13. This TCE and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs, and assigns. 14. Any modification, waiver, or amendment of this TCE shall be valid only if in writing, signed by each of the parties to this TCE. 15. Grantor represents and warrants that it is the lawful owner of the above - described Property and has authorityto enter into and conveythis TCE. Grantee represents and warrants that it is authorized to enter into this TCE and consummate the transactions contemplated herein. 16. Any lawsuit or legal action brought by any party to enforce or interpret this TCE or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor, with the prevailing party entitled to their attorney's fees and costs. 17. This TCE constitutes the full and complete agreement and understanding of the parties with respect to the subject matters described in this TCE, and subject to the Purchase and Sale Agreement for Easements between the parties, there are no written, verbal or other agreements that modify or affect this TCE. If any term, covenant, condition, or easement in this TCE is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained herein, and this TCE shall be interpreted as to best give effect to the parties' intent hereunder. 18. It is understood and agreed that delivery of this TCE is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. 19. This TCE may be executed in one or more counterparts, each of which shall be deemed and original, but all of which together shall constitute one and the same instrument. Page 6 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Documcnt:EAS Rec: S215.50 Page-7 of 13 Record Date:10/25/202311:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT IN WITNESS WHEREOF, the Parties have voluntarily entered into this TCE as of the date last signed by the Parties below. CITY OF RENTON, a Washington municipal corporation By: Armondo Pavone, Mayor Date Attest Jason A. Seth, City Clerk Approved as to Legal Form Shane Moloney, City Attorney SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Devgfopment, Inc., Its Manager II !! A By: Mark A. Sea President /2-3 Date 162494386.2 Page 7 of (12) Pages Parcel No. 162305-9059 FG: 101454999.5 Instrument Number: 20231025000245 Documcnt:EAS Rec: S215.50 Page-8 of 13 Record Date:10/25/202311:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT IN WITNESS WHEREOF, the Parties have voluntarily entered into this TCE as of the date last signed by the Parties below. CITY OF RENTON, a Washington municipal corporation By: Ar Pavone, yo Date �`'��C Attest Jason A. Seth, City Clerk Approved as to Legal Form Shane Moloney, City Attorney SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Development, Inc., Its Manager By: Mark A. Segale, President Date Page 7 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.6 Instrument Number: 20231025000245 Document:EAS Rec: S215.50 Page-9 of 13 Record Date:10/25/202311:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Grantor: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Mark A. Segale, is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 7 DATED this day of 2023. rin�nae: /I n NOTARY PUBLIC in and for the State of Washington My appointment expires: MCP 2-1- Imy RITTANY MICHELLE WAXMAN Notary Public State of Washington Commission # 23010404 Comm. E, 2027 xpires Apr 26 Page 8 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rec: S215.50 Page-10 of 13 Record Date:10/25/202311:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Grantee: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that AM01A ►AA(Me— is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the MA11W of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this aZ`ir' day of "hvj 20�. Print name: k4eii5sr, NOTARY PUBLIC in and for the State of Washington My appointment expires: I 1 G1 20 ��tt�11111I1 gA`Itt", ffI/ 49217 i N 4'F Page 9 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.6 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-11 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" ENTIRE PARCEL LEGAL DESCRIPTION THE EAST % OF THE NORTHEAST''/< OF THE NORTHWEST % OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; 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. Page 10 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rec: $215.50 Page-12 of 13 Record Date:10/25/202311:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT `B" T.L.162305-9059 Temporary Construction Easement THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE NORTH 330 FEET THEREOF. ALSO, EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR ROAD RIGHT OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 3875580; ALSO, EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 01' 04' 17"WEST ALONG THE EAST LINE OF THE ABOVE DESCRIBED PARCEL A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 89' 13'02"WEST 200.45 FEET; THENCE SOUTH 34' 06'55"WEST 351.62 FEET; THENCE NORTH 88' 56'33"WEST 241.13 FEET. MORE OR LESS, TO THE WEST LINE OF THE ABOVE DESCRIBED PARCEL; THENCE NORTH 01' 04'31"EAST ALONG SAID WEST LINE 342.62 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 89' 13'02"EAST ALONG THE NORTH LINE OF SAID PARCEL 633.29 FEET TO THE POINT OF BEGINNING. .,L9.BABCO WAsivi, h4 2 .30429 ?s+ OIST �10�" AL 07/25/23 Page 11 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5 Instrument Number: 20231025000245 Document:EAS Rcc: S215.50 Pagc-13 of 13 Record Date:10/25/2023 11:50 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Page 12 of (12) Pages Parcel No. 162305-9059 162494386.2 FG: 101454999.5