HomeMy WebLinkAboutContract CAG-18-159
MEMORANDUM OF UNDERSTANDING
TO ENTER INTO DRAINAGE EASEMENT
between
City of Renton and Martin Luther King,Jr. Memorial Baptist Church
THIS MEMORANDUM OF UNDERSTANDING TO ENTER INTO DRAINAGE EASEMENT
("Memorandum of Understanding") dated 1,y t 16 , 2018 is entered into by and
between the City of Renton, a municipal corporation, hereinafter referred to as the "City" and
Martin Luther King, Jr. Memorial Baptist Church, a Washington nonprofit corporation,
hereinafter referred to as the "Owner."
WHEREAS, the City is undertaking the Chelan Avenue NE — NE 10th Street SDP Project (the
"Project"); and
WHEREAS, Martin Luther King,Jr. Memorial Baptist Church, a Washington nonprofit corporation,
is the Owner of the property described as King County Parcel No. 1023059075,commonly known
as 4519 NE 10th Street, Renton, WA 98059, and legally described in Exhibit A (the "Property");
and
WHEREAS, in order to facilitate the Project,the City requires a drainage easement with necessary
appurtenances over, under, through, across and upon north 180 feet of the east 7.5 feet of the
Property, more particularly described in Exhibit A and depicted in Exhibit B of this Memorandum
of Understanding, for purposes of accessing, constructing, repairing, replacing, operating and
maintaining storm drainage facilities, pipes and catch basins or manholes within the easement
area, adjacent to Chelan Avenue NE ("Drainage Easement"), which Drainage Easement shall run
with the land described herein, and shall be binding upon the Owner, its heirs, successors in
interest and assigns; and
WHEREAS,the City and the Owner have agreed that the equitable compensation for the Drainage
Easement to be granted to the City is one thousand five hundred fifty-three dollars and no cents
($1,553.00). The City agrees to compensate Owner for the granting of the Drainage Easement,
following the signing of this Memorandum of Understanding and the Drainage Easement.
NOW THEREFORE, in consideration of the mutual promises, covenants and benefits set forth
herein and the recitals set forth above,the parties hereby agree as follows:
1. The Owner certifies that it is the lawful owner of the Property and the individual
signing this Memorandum of Understanding and the Drainage Easement has
authorization to execute this Memorandum of Understanding and the Drainage
Easement on behalf of the Owner.
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2. The Owner shall execute before a licensed Notary Public the original Drainage
Easement and other documentation as needed to fully effectuate the Drainage
Easement between the Owner and the City of Renton; and
3. The Owner shall deliver the signed and notarized Drainage Easement, and two signed
originals of this Memorandum of Understanding, to Ron Straka, Surface Water Utility
Engineering Manager, at 1055 South Grady Way, Renton, WA 98057.
4. The City shall pay to the order of Martin Luther King,Jr. Memorial Baptist Church the
sum of one thousand five hundred fifty-three dollars and no cents ($1,553.00) as full
and final equitable compensation for the Drainage Easement, within 30 days after
receipt of the signed and notarized Drainage Easement and two signed originals of
this Memorandum of Understanding.
5. The Owner acknowledges that it has been informed that if there is a mortgage or lien
on the Property,the mortgage company or lienholder may require that all or a portion
of the proceeds from this transaction be applied towards principal reduction of the
outstanding lien balance. The Owner further acknowledges that it is aware that it is
Owner's responsibility to contact its mortgage company or lienholder in order to
determine if all or a portion of the proceeds from this transaction shall be applied
towards principal reduction of the outstanding lien balance, and Owner further
acknowledges that it is responsible for paying its mortgage company or lienholder
accordingly.
6. The parties acknowledge that no other person or entity, nor any agent or attorney of
any person or entity, has made any promise, representation or warranty whatsoever,
express or implied, not contained in this Memorandum of Understanding concerning
the subject matter hereof, to induce the parties to execute this Memorandum of
Understanding. The parties further acknowledge that they have not executed this
Memorandum of Understanding in reliance on any such promise, representation, or
warranty not contained herein; and
7. In executing this Memorandum of Understanding, the parties acknowledge that they
have consulted or had an opportunity to consult with a duly licensed and competent
attorney, and that they have executed this Memorandum of Understanding after
independent investigation, voluntarily and without fraud, duress or undue influence,
and they exclusively consent that this Memorandum of Understanding be given full
force and effect according to each and every one of its express terms and provisions;
and
8. This Memorandum of Understanding shall be construed and enforced in accordance
with the laws of the State of Washington. This Memorandum of Understanding shall
be binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors and assigns, as well as all persons now or hereafter
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+tier+'
holding or having any or part of the interest of a party to this Memorandum of
Understanding.
9. This Memorandum of Understanding is not effective until and unless signed and
accepted by the City.
10. This Memorandum of Understanding may only be amended or modified in writing,
executed by the City and the Owner.
This Memorandum of Understanding is entered into this l qday of 41 if 0". , 2018.
Martin Luther King Jr., Memorial Baptist Church: City of Renton:
By: !y&, ffritk,4Idrifi/Vt/
By: ,k11e' 1
Michael Booker Gregg Zi erman
Its: Trustee Chairperson Its: Public Works Administrator
Approved as to Legal Form:
Shane Moloney
Renton City Attorney
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Project: N/A
Exhibit A PID: 102305-9075
Legal Description GRANTOR: Martin Luther King,Jr. Memorial
Baptist Church
Street: Chelan Ave NE/NE 10th St
A drainage easement over the east 7.5 feet of the north 180 feet of the following described
parcel:
The west half of the northwest quarter of the southeast quarter of the northwest quarter of
Section 10,Township 23 north, Range 5 east, W.M., in King County, Washington; EXCEPT the
north 30 feet thereof deeded to King County for Southeast 116th Street, by instrument
recorded under King County Recording Number 4797338;AND EXCEPT the west 99.10 feet of
the east 129.10 feet of the north 290 feet; AND EXCEPT that portion conveyed to the City of
Renton for road purposed by deed recorded under Recording Number 20001018001035
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Map Exhibit B
NE 10th St
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////Easement A
n
m
m
*/
m
7.5
King County Parcel
D#1023059075
r
King County Parcel ID#1023059075
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