HomeMy WebLinkAboutContract 18813 CAG-18-270
Attachment A
INTERAGENCY AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
TO DESIGN, CONSTRUCT, OPERATE AND MAINTAIN
LAKE TO SOUND TRAIL, SEGMENT A, WITHIN RENTON CITY LIMITS
This Interagency Agreement("Agreement") is rnade and entered into by and between
King County,a political subdivision of the State of Washington ("the County") and the
City of Renton, a municipal corporation of the State of Washington ("the City"),
regarding design, construction, ownership, operation and maintenance of the portion of
Segment A of the Lake to Sound Trail ("Segment A")that is within the City limits. The
County and the City are collectively referred to as "the Parties".
RECITALS
A. The County and the Cities of Renton and Tukwila are working cooperatively to
construct what is known as Segment A of the Lake to Sound Trail, a segment of trail that
traverses Renton's Black River Riparian Forest("BRRF"} and connects to the Green
River Trail in Tukwila.
B. The Lake to Sound Trail will become part of King County's Regional Trail System
("RTS"), one of the nation's most extensive multi-use trail netwarks with more than 175
miles of trails for recreation and non-motorized mobility and commuting.
C. Segment A will be a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound and will provide
recreationai and health benefits to residents of the cities and the County.
D. The portion of Segment A within the City of Renton ("the Project")will be located
substantially within the BRRF owned by the City, the City Right of Way, specifically
Monster Road SW,on two parcels of property owned by King County, and on one parcel
of property within the City of Renton owned by the City of Tukwila. In addition,there
are two railroad corridors operated by the Union Pacific Rai(road ("UPRR") and
Surlington Northern Santa Fe Railway("BNSF") located at the border of the Cities of
Renton and Tukwila. The trail connection for Segment A passes underneath these two
railroad corridors to connect the Cities of Renton and Tukwila.
E. A portion of Segment A is located in the City of Tukwila. This Agreement governs
only those portions of Segment A located in the City of Renton.
F. The County is negotiating a trail easement with UPRR on behalf of the City of Renton
for that portion of trai( that is located on land owned by UPRR in the City of Renton.
G. The County is negotiating a trail easement with BNSF on behalf of the City of
Tukwila for that portion of trail that is located on land owned by BNSF in the City of
Tukwila.
Renton—King County
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Attachment A
H. Under RCW 36.89.050, the County is authorized to canstruct a park or recreational
faciiity and transfer to a city the County's ownership interest in, and the operation and
rnaintenance obligations for,that facility,provided such transfer is subject to the
condition that the facility shall continue to be used for the same purposes ar that other
equivalent facilities within the County shall be conveyed to the County in exchange
therefor.
I. The County has received $1,286,053 in Federal Highway Administration grant funds
and is also using County levy monies, pursuant to King County Ordinance 17941, for the
design and construction of Segment A.
J. After construction, the County wishes to convey ownership of the Project
Improvements to the City, with the exception of those improvements located on County
property including the pedestrian brid�e acrass the Black River and City of Tukwila
property which will remain under County ownership,and the City is ready, willing and
able to own these improvements for use by the general public as a Regional Trail, for the
benefit of both City and County residents.
K. After completion of the Project Improvements and conveyance to the City, the
County will continue to operate and maintain Segment A.
L. The County is committed to implementing the King County Equity and Social Justice
Strategic Plan 2016-2022 ("ESJ"). Providing funding far design and construction of the
Lake to Sound Trail, Segrnent A, and continuing to aperate and maintain it after
completion, advances equity and is consistent with the goals, objectives and strategies of
ESJ.
M. The Parties intend by this Agreement ta establish their respective rights, roles
and responsibilities related to the Project.
NOW,THEREFORE, in consideration of the terms and conditions contained herein, the
Parties mutually agree as foilows:
AGREEMENT
1. DEFINITIONS
For purposes of this Agreement,the fo[lowing definitions shall apply.
1.1 Contract means the public works contract entered into between the County
and its Contractor for construction of Segment A.
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Attachment A
1.2 Contractor means the individual,partnership, firm, corporation,or other
entity with whom the County has entered into the Cantract for construction of Segment
A.
1.3 Finai Accept�nce means the date on which the C;ounty issues to the
Cantractor a written notice indicating that they have performed all obligations under the
contract.
1.4 �ne I iundred Percent (f 0(l°f�,} Revie� Su�rmitta( means the One Hundred
Percent Review Submittal drawings and specifications for Segment A prepared an behalf
of the County by Parametrix, Inc., dated December 2016.
1.5 Nc�tice tc� Pr�ceed means the written notice from the County to the
Contractor authorizing and directing the Cantractor to praceed with the constructi�n of
Segment A.
1.6 PermiE s means any or all federal, state,and local government permits,
licenses or ather regulatory approvals needed for Segment A; and a construction permit
from UPRR to construct a portion of Segment A on property owned by UPR.R alang the
Black River. The term "Permits"does not include a lease from UPRft.
1.7 Praject means the portion of Segment A within the baundaries of the City,
including the partion of Segment A located on the City's Real Property, Right of Way,
the County's Real Property,the UPRR Easement Area and the mitigation area adjacent to
the trail on property owned by the City.
1.8 Proiect Improvemcnts means all physical aspects of the Project including,
but not lirnited ta the following and their components: curbing, catch basins,drains,
inlets, piping, conduits,trenches, asphalt,concrete, signage, striping, electrical
components, signals, control boxes, fencing, lighting,base materials, bollards, markers,
driveways, covers, frames, railing, retaining walis, bridges, abutments, rebar, wire fabric,
landscaping and vegetation planted on site for mitigation pu►poses.
1.9 City's Real Pro�ertv means the real praperty encompassed within parcel
nurnbers 3779200119, 3779200118, 3779200117, 37?4200116, 1323049Q24,
1323049412, 1323049088 and 13230490$9 awned by the City as legatly described in
Exhibit A, subject to the encroachrnents and other timitations and restrictions identified
in the attached Exhibit H.
1.10 County's Rea! Propert�means the real praperty encorttpassed within
parcel numbers 3779200090 and 7229500281 owned by the County.
1.11 Region�l Trai1 means a regionally significant, shared-use trait accessible
to the general public on which bicycling,walking,hiking, running, skating, and other
nan-motorized uses are allowed, which pravides recreational ogportunities and enhances
regional mobility.
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Attachment A
1.12 Ri�ht ai'WaY or ROW means that portion of the City's Monster Road SW
Right of Way upon which the Project Improvements are located and as shown in Exhibit
B.
1.13 Se�ment A means the design, public involvement, environmental review,
permitting, construction, ownership, operation and maintenance of a Regional Trail
extending east from the Green River Trail Bridge#2405-2 in Fort Dent Park through the
BRRF to Naches Ave SW in Renton. It also includes an area identified for wetland
buffer mitigation in the BRRF, owned by Renton and the acquisition (facilitated by King
County} by the City of Rentan of a permanent trail easemer�t from UPRR for property
owned by UPRR that is required for the trail connection into Tukwila. The boundaries of
Segment A are shown in the One Hundred Percent(100%)Review Submittal.
1.14 Substantial Cc�rnpletion means the stage in the progress of the work under
the Contract where the County has full and unrestricted use and benefit of the facilities
for the purpose intended, both from the operationat and safety standpoint, all the initial
plantings are completed, all the systems and parts of the Contract work are functionat,
utilities are connected and operate normally, and only minor incidental work,
replacement of temporary substitute facilities, plant establishment periods, or correction
or repair remains to complete all Contraet requirements.
2. DESIGN & PERMITTING
2.1 Dcsi 7n. The County has provided the City with the One Hundred Percent
(l00%) Review Submittal Design Drawings, which the City has reviewed and
commented on. The County has responded to some of the City's comments and will
respond to other City comments at a later date. With the exception of the matters for
which the City has not yet received responses,the City hereby accepts as noted with plan
review comments, and which are incorporated herein by reference. The County will be
solely responsible for finalizing the design documents for Segment A,obtaining the
necessary input and approvals from Washington State Department of Transportation
("WSDOT"), and constructing the trail according to the appraved �lesign, including
changes in scope as described in Paragraph 5.7.
2.2 f'lans anci�ecifications. The Caunty shall provide the City with a copy
of the plans and specifications to be advertised for bid and an electronic file of the
Contract documents.
2.3 Per7nittii��k�nd Enviranmentat Cteview. The City shall be the lead agency
for Segment A under the State Environmental Policy Act("SEPA"}. The County shall
apply, or require its Contractor to apply, for all Permits. To the extent the City's
signature on applications or other invoivement,as the owner of the Real Property and as
holder of Right of Way interests on ather Real Property on which the Project is being
constructed, is required,the City agrees to cooperate with the Caunty and/or its
Contractor as necessary to obtain the Permits. The County shall be responsible for the
monitoring, reporting, and any required carrective actions far wetland mitigation
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Attachment A
associated with the Project for the length of time required by any Permit. The County or
the Contractor sliall submit a Notice of Termination for the Construction Stormwater
General Natianal Pollutant Discharge Eliminatian System ("NPDES") Permit to the
Washington State Department of Ecology prior to Final Acceptance.
2.4 CitY Permits. The County shall submit pedestrian and vehicle Temporar,y
Traffc Control Plans ("TTC Plans"}to the C;ity for review and approval prior to invasive
occupancy of City Real Property and Right of Way. City approval shall not be
unreasonably withheid. The County shafl immediateIy correct any deficiencies noted by
the City in the TTC Plans or their field implementation. The City has made a
determination that the Project requires the following permits: Shareline Substantial
Development, Shoreline Conditional Use, Share(ine Variance, Construction, and
Building Permits and these Permits have been issued to the County, subject to execution
of this Agreement.
2.5 Uncierpass A�.reement. The County shalt take all actions necessary to
abtain an agreement with UPRR granting the Caunty and City temporary access for
construction and permanent access for operation and maintenance of the
Project. UPRR's 5tructures Department has approved use of its property for the Project
and the construction and maintenance terms have not yet been finatized. The County
agrees that after campletion af the Project, the County shali transfer all rights acquired
fram UPRR to the City as part of the transfer of Praject tmprovements covered in Section
6.2 (e).
3. ACCESS & ENCROACHMENTS
3.1 The City hereby grants to the County and its employees, agents,
representatives, invitees, consultants, contractors and subcontractors perforrning work on
behalf of the County the following access rights to the City's Real Property and to the
ROW interests (callectively, the City's Real Praperty and ROW are "City's Properties"):
(a) The non-exclusive right and license to enter onto City's Properties
to analyze, assess, investigate, inspect, measure, survey,study and gather information for
purposes of design,permitting and canstruction of the Project, including but not limited
to compteting borings and other subsurface investigations. This right and license shall
begin upon the effective date of this Agreement and continue until Finat Acceptance.
(b) The exclusive right and ticense ta enter onto, and take actions on
the City's Properties necessary for canstraction of the Project and completion of the
Contract. This right and license shall hegin upon the Caunty's issuance of the Notice to
Proceed and continue until Final Acceptance. This right and license shali not be
exclusive of the City's right to enter the properties for the purposes af inspections or
other actions necessary to implement this Agreement,or for any other purpose, provided
that the City's entry onto the property sha(1 not impair, impede ar delay construction of
the Praject, unless it is to correct a condition that represents an immediate threat to public
safety.
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Attachment A
(c) The non-exclusive right and license to enter onto City's Real
Property and take actions necessary to fulfill the County's post-construction wetland
monitoring, reporting, and corrective action obligations under Paragraph 2.3 and as
further described in Exhibit C. This right of entry shall begin upon Final Acceptance
and continue in effect until the County's obligations under Paragraph 2.3 have been fully
completed.
(d) The non-exclusive right and license to enter onto City's Real
Property, and take actions necessary to fulfill the County's maintenance and operations
obligations under Paragraph 7.1 and as further described in Exhibit D. This right af,
entry shall begin upon Final Acceptance and continue in perpetuity unless amended by
agreement of the Parties.
(e} The access rights set out in Paragraphs 3.1(a-d) are irrevocable
during their respective terms and are not subject to modification by the City through
Permits or otherwise without the express written agreement of the County.
3.2 The Caunty and the City are not aware of any physical encroachments,
improvements or other structures("Encroachments")on City's Properties. However, if
Encroachments within the boundaries of construction are identified at the time of
constructian of the Project and the Encroachments wiil interfere with canstruction af the
Project, the City shall take all actions necessary ta remove such Encroachments prior to
the date the County issues the Notice to Proceed. Any such Encroachments that the City
does not intend to be disposed of(for examp�e, Encroachments that will be salvaged or
impounded) must be removed by the City. The County shall notify the City 60 days prior
to advertising the Contract for bid. If the City wishes the County's Contractor during
construction to remave certain Encroachments that are to be disposed of, on behalf of the
City,the City shall provide the Caunty with written natice specifically deseribing any
such Encroachments no later than 30 days prior to the date the County advertises the
Contract for bid.
3.3 The City hereby represents and warrants to the County that it holds fee
simple title to the City's Real Property and that it has the legal authority to remove
Eneraachments on City's Properties. The City hereby further represents and warrants that
in Exhibit H it has disclosed the known easements, cavenants, restrictions,
encumbrances or defects on or ta the titfe of the City's Real Property. The City has
determined that its rights in the City's Properties are sufficient to allow the County and
the City to perform their respective obligations under this Agreement.
3.4 Ff the County's Contractor removes Eneroachments in accordance with the
City's direction under Paragraph 3.2,the City shall protect, defend, indemnify and save
harmless the County, its officers,off cials, empioyees,agents, Contractor and
subcontractors, while acting within the scope af their employment as such, from any and
all suits, costs,claims, actions, losses, penatties,judgments, and/or awards of damages
arising from removal of said Encroachments except to the extent caused by the
Renton—King County
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Attachment A
negligence of the County, its officers, officiais, employees, agents, Contractor and
subcontractors.
4. EASEMENTS
4.1 �'em�rar�CansU�uctian Easement. The City has granted a Temporary
Construction Easement("TCE")to the County allowing construction of the Project on the
City's Real Property. The City waived its right to appraisal and danated this easement.
The TCE is attached as Exhibit E.
4.2 UPRR Periti�a»ent Trail Laseme���. The County shail continue to use its
reasonable best efforts to obtain a permanent trail easernent from UPRR that allows the
County and its Contractor and other agents to design and construct Segment A as a
Regional Trail on UPRR Real Property in accordance with this Agreement, and that
allows the County to operate and maintain the Project in accordance with the obligations
and requirements of this Agreement, and that is in a{1 other respects consistent with the
terms of this Agreement. Until the easement is obtained, no less than yuarterly the
County shall provide the City with an update on the County's efforts to obtain the
easement.
5. CONSTRUCTION
S.l The County shall be responsible for canstruction of the Project, including
Contract procurement, and shall provide the necessary engineering, administrative,
inspection, clerical and othcr services necessary far the construction of the Project.
5.2 The County shall advertise the Cantract in the official lega) publication for
the County and if necessary other�ublications, consistent with applieable laws and
regulations.
5.3 The County shall apen the bids and shall notify the City of the time and
date of the bid opening, which is typically three weeks after the bid is advertised. The
City may attend the opening of the bids.
5.4 The County shall award the Contract to the lowest, respansive,responsib(e
bidder for Segment A, subject to applicable laws and regulatians.
5.5 The County shall require that the City be included as an additional insured
on all of the Contractor's insurance policies and that the City be incfuded as a party
indemnified by the Cantractor in the Contract's indemnification provisions and receive
the same indemnification protection as the County. Policy coverage ]imits shall match or
exceed those specified in the edition current at the time of bid of the WSDOT/American
Public Works Association ("APWA"} Standard Specifications for Road, Bridge and
Municipal Construction.
Renton—King County
Interagency Agreement Page 7 of 16 Revised 10/23/(8
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Attachment A
5.6 The City may furnish an inspector, at the City's sole expense,to monitoe
comp(iance with the Contract plans and specifications during the constructian of the
Pr�ject. The City's inspector shall advise the County in writing of any deficiencies
noted. Deficiencies shall be limited to items that the inspector believes are out of
compliance with the Contract plans and specifications and the City's inspector shall cite
the plan sheet number or specification that she or he considers to be at issue in the
deficiency. The City's inspector shall also provide a written description of the remedy
the inspector believes is necessary for each deficiency cited. lf the City inspector
determines that there is an unsafe traf�c control condition at a City contralled
intersection or if there is an immediate threat to public safety posed by the Contractor's
actions, the City inspector has the authority to take immediate action, including directing
the Contractor to take certain actions, in arder to address the safety concern. With regard
to all other matters identified by the City inspector,the City inspector shat[ not have
authority to direct the work of the Contractor and shall not instruct the Contractor directly
on any matters.
5.7 The County will hold weekly construction meetings with its Contractor.
The City, at its option� may have its inspector or other representative attend the meetings.
The City may provide the County with its preferences cancerning any significant
proposed changes in the scope of the wark to be performed under the Contract at the
weekly meetings, but as hetween the Parties,any changes in scope are subject only to the
County's appraval.
5.8 The County shall update the City on its progress in constructing the
Project in its weekly construction meetings.
5.9 After the Contractor notifies the County in writing that Segment A is
substantially complete, the Parties shall perforrn a mutual inspection of the Project. The
City may provide a written deficiency list to the County within five (5}working days
after this inspection. The list shall contain only construction deficiencies that the City
believes are out of compliance with the Contract plans and specifications. The City sha{I
cite the pian sheet number or specification that it considers to be at issue in the deficiency
and provide a written description of the remedy the City believes is necessary for each
deficiency cited.
5.10 The Caunty shall, in its sole discretion, determine whether Substantial
Completion has occurred under the Contract. After the County provides the Contractor
with notice that Substantial Completion has occurred and the Contractor indicates ta the
County that all physical work required by the Cantract is complete, the Parties shait
perfc�nn a mutual tinal inspection of tltie Projeci. The Gity may prUvid� a written
deficiency list or punch [ist to the Caunty within tive (S) warkin�;days aFtcr the tinal
inspection. The list shall contain only constructian cie�ciencies that the City �ielieves are
out of compliance with the Contract plans and specifications. The City shali cite the plan
sheet or specification that it considers to be at issue in the deficiency and provide a
written description of the remedy the City believes is necessary for each deficiency cited.
The County will ensure that all items an the punch list are compieted and provide the
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Attachment A
City with the opportunity to conduct a final physical inspection. The City shall respond
in writing to the County whether the punch list items have been satisfied. The County
shalt not issue a letter af Final Acceptance to the Contractor until the City has confirmed
the punch list is complete.
5.11 Final Acceptance of the Project shall�be by the County, in its sole
discretion.
S.I2 The County represents to the City that it will require its Contractor in
performing work under the Contract to comply with all applicable rules, regulations,
statutes and ordinances.
5.13 The County will administer and enforce all warranties in the Contract up
until assignment of the warranties to the City pursuant to Paragraph 6.2(e).
6. PROJECT CLOSEDUT AND OWNERSHIP
6.1 Within 60 days of the date of Final Acceptance,the Parties shall execute
and the City shall record the Restrictive Covenant in substantially the form set forth in
Exhibit F,which covenant shall run with the land.
6.2 Within 60 days of completion of the obligations in Paragraph 6.1 or such
additional time as may be required to close out the Contract,the County shall perform the
following obligations:
(a) Deliver to the City project record drawings for Segment A;
(b) Collect and provide to the City a copy of any warranties or other
informatian and materials in the County's possession that relate to the use, aperation and
maintenance of the Project Improvements;
(c) Provide ta the City unconditional lien releases that the Contractor
has collected from all af its consultants, subcontractors and vendors;
(d) Collect and provide copies of certificates abtained from the
Department of Revenue, the Employment Security Department, and the Department of
Labor and Industries that all taxes, increases, and penalties due from the Contractor,and
all taxes due and to become due with respect to such Contract, have been paid in full or
that they are, in each department's opinion, readily collectible.
(e} Execute and record a quit claim bill of sale conveying to the City
all of the County's rights,title and interest to the Project Improvernents located on or
within the City's'Reai Property and ROVV, and UPRR's Property, as is,where is(`Bill of
Sale"),which is in substantially the form set forth in Exhibit G. The County sha[i retain
ownership of the Project Improvements tocated on the County's Real Property(e.g. new
pedestrian bridge and associated appurtenances):
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Attachment A
(� Execute an assignment of the Contract warranties and an
assignment of the warranties in the Agreement for Professional Services for Lake to
Sound Trail Design, Contract No. E04178E10, between King County and Parametrix in
favor of the City, with respect to the Project, with the exception of those Contract
warranties that apply ta the portions of Segment A located on the County's Real
Property,except as pravided in Paragraph 10.2; and
(g) Assign ta the City the County's right to assert any claim it may
have against the Contractor or against Parametrix under Contract No. E00178E10 arising
aut of or related ta Project work, with the exception of those portions of Segment A
located on the County's Real Property, and except as provided in Paragraph 10.2.
6.3 Unless otherwise mutually agreed to by the Parties in writing, the Project
shall not be accessible and open to the public until the obligations in Paragraphs 6.1 and
6.2 have been futfilled.
6.4 The City agrees that as long as the Restrictive Covenant described in
Section 6.1 remains in effect, Segment A shall continue to be used in perpetuity far a
Regional Trail and shall not be converted to a different use.
6.5 Notwithstanding Section 6.4, the City plans to widen Manster Raad SW
and reserves the right ta modify and/or relocate the Regional Trail crossing acrass
Monster Road SW. The County agrees that, based on the publicly available information
set forth in the City of Renton Department of Public Works Transporiation Sysle�ns
Division 2017-2()22 Six-Year Trdnspc�rtatian ImprovemenC Pra�ram,this widening
project will nat violate the terms of the Restrictive Covenant attached as Exhibit F. The
City agrees to provide the County written notice and opportunity to review and comment
on the City's design for this project, and to reeonstruct the trai{ crossing in accardance
with American Association of State Highway and Transportatian Offieials and/ar
WSDOT published standards to facilitate the trail use purposes under RCW 36.89.050.
The City will own, operate and maintain the signal at the City's sole discretion.
6.6 The City agrees that Segment A, including the City's Real Praperty and
ROt�V, ar any portion thereof, shall not be transferred or conveyed except by agreement
praviding that such lands shall continue to be used for a Regional Trail.
6.7 The City agrees that it will not limit or restrict access to and use af
Segment A, including the City's Real Property and ROW by non-City residents in any
way that does not also apply to City residents.
6.8 The City agrees that any and all user fees charged for use of Segment A,
including charges imposed by any lessees, concessionaires, service praviders, and/or
other assignees shall be at the same rate for non-City residents as for the residents of the
C ity.
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Attachment A
6,9 The City agrees that it shall place the covenants in Paragraphs 6.4, 6.6, 6.?
and 6.8 in any deed transferring any portion of the City's Real Property.
7. OPERATIONS, MAINTENANCE AND LONG TERM OBLIGATIONS
7.1 After Final Acceptance,the County shall maintain the Project
Improvements and operate that portion of Segment A within the boundaries af the
City. For purposes of this section, "maintain"and "operate" includes the maintenance
and operation activities identified and described in Exhibit D. The City is solely
responsible for all maintenance and operations activities not identified and described, or
specifically excluded in Exhibit D and all maintenance and operations activities that are
not associated with the trail improvements, including the pedestrian activated signal for
crossing Monster Road SW.
7.2 The County maintenance and operations activities shall be limited to the
area shown in Exhibit D and generally described as a thirty faot corridor fifteen feet to
either side on the trail center line.
8. PROJECT FUNDING
8.1 The County shall provide funding far design, construction, aperations and
maintenance af the Project.
8.2 The City shall provide funding for all of the City's abligations or activities
under or related to this Agreement from the time of execution of this Agreement forward,
including but nat limited ta construction inspection pursuant ta Paragraph 5.6, other
administration or impiementation expenses, and on all maintenance and operation
activities except thase identified in Exh'rbit D.
9. CONDITIONS PRECEDENT TO PROJECT DEVELOPMENT
9.1 The County's obligations related to finalizing design, permitting and
construction af the Praject under Sections 2 through 6 of this Agreement, and providing
funding for same, are expressly subject to and contingent upon all af the following
conditions precedent heing satisfied to the County's satisfaction in its sole discretion (the
"Project Conditions"):
(a) An Interagency Agreement being approved by the legislative
authority of the City of Tukwila and executed by Tukwila and the Caunty for the design,
construction, operation and maintenance of the portian of Segment A that is within the
City of Tukwila.
(b) The County, on behalf of the City of Tukwila,obtaining an
executed permanent trail easement from BNSF on terms acceptabie to the County.
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Attachment A
(c) The County, on behalf of the City af Renton, obtaining an
executed permanent trail easement from UPRR on terms acceptable to the County.
(d) The County andlor its Contractor obtaining all Permits necessary
for Segment A.
9.2 If the County, in its sole discretion,determines that the Project Conditions
have not been satisfied, the County shall notify the City in writing, and neither Party shall
have any further rights or obligations under this Agreement and this Agreement shall
terminate.
10. LIA�3ILITY
I O.l Each Party shall protect, defend, indemnify and save harmless the other
Party, its officers, officials, employees and agents while acting within the scope of their
employment as such, fram any and all suits, costs, claims, actians, losses, penalties,
judgments, and/or damages of whatsoever kind("Claims")arising out of, or in
connection with, or incident to the breach of any warranty under this Agreement ar the
exercise of any right or obligation under this Agreement hy the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise aut of or
result fram the ather Party's own negligent acts or amissians. Each Party agrees that it is
fully responsible for the acts and amissions of its own contractors and franchisees, their
employees and agents, acting within the scope af their employment as such, as it is for
the acts and omissians of its own employees and agents. Each Party agrees that its
obligations under this paragraph extend to any Claim brought by ar on behalf of the other
Party or any of its employees,or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under Washington's
Industrial Insurance act, RCW Title 51, as respects the other Party only, and only ta the
extent necessary to provide the indemnified Party with a full and complete indemnity of
Claims made by the indemnitor's employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them. Nothing in this
Paragraph 10.1 modifies or limits in any way the City's obligations in Paragraph 3.4.
10.2 The County's obligations in Paragraph 9.1 terminate upon the date the
County fulfil►s all its obligations in Paragraph 6.2 ("Closeout Date"), with the exception
of Claims filed with the clerk of the County Council under King County Code("K.C.C.")
2.21.070 or served on the clerk of the County Council under K.C.C. 2.04.010 prior to the
Closeout Date or contract claims reserved under the terms of the applicable construction
or design contract by the Contractor or by the County's design contractor, Parametrix, at
the tirr,e of Final Acceptance of the applicable contract("Reserved Claims"}. If the
County determines that Reserved Claims will exist at the Closeout Date,the County may,
in its sole discretion, choose not to assign its contract warranties and/or its claims against
the County's contractors under Paragraphs 6.2(f}and 6.2(g).
10.3 To the extent this Agreement is construed to be subject to RCW 4.24.1 I5,
the City's duties under this paragraph will extend only to the maximum extent permitted
Renton—King County
Interagency Agreement Page 12 of 16 Revised 1 Q/23/18
18813
Attachment A
by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. The
foregoing indemnity is specifically and expressly intended to constitute a waiver of the
City's immunity under Washington's Industrial Insurance act, RCW Tit(e 51, as respects
the County only, and only to the extent necessary to provide the County with a full and
complete indemnity of claims made by the indemnitor's employees. The Parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
11. INSURANCE •
I 1.1 Each Party shall maintain, for the duration of each Party's liability
exposures under this Agreement, self-insurance against claims for injuries to persons or
damage to property, which may arise from or in connection with performance of the work
hereunder by each Party, their agents, representatives, employees, contractors or
subcontructors.
11.2 King County, a charter county government under the constitution of the
State of Washington, maintains a fully funded Self-Insurance program as contemplated in
King County Code chapter 2.21 for the protection and handling of the County's liabilities
including injuries to persons and damage to property. The City acknowledges, agrees
and understands that the County is self-funded for alt of its liability exposures and that
the County's self-insurance program meets the requirements of paragraph 10.1. The
County agrees, at its own expense, to maintain,through its setf-funded pragram, coverage
for all of its liability exposures for this Agreement. The County agrees to provide the
City with at least 30 days priar written notice of any cnaterial change in the County's self-
funded pragram and will provide the City with a certificate of self-insurance as adequate
proof of coverage. The City further acknowledges, agrees and understands that the
County does not purchase Commercial General Liability insurance and is a self-insured
governmental entity; therefore the County does not have the ability to add the City as an
additional insured. �
11.3 The City is self-insured and wi(1 rneet the requirernents of paragraph 11.1.
The City agrees, at its own expense,to maintain reserves or insurance coverage for all of
its liability exposures for this Agreement. The County further acknowledges, agrees and
understands that the City does not purchase Commercial General Liability insurance and
is self-insured; therefore the City does not have the ability to add the County as an
additional insured. The City participates in the State's worker's compensation program.
12. EFFECTIVE DATE/DURATION
12.1 This Agreement shall be effective upon signature by both Parties.
12.2 Unless expressly stated otherwise in this Agreement, the terms, covenants,
representatians and warranties contained herein shall continue in force unles5 botli Parties
mutually consent in writing to term'rnation of this Agreement.
13. AUDITS AND INSPECTIQNS
Renton—King County
Interagency Agreement Page 13 of 16 Revised 10/23f 18
18813
Attachment A
13.1 Until six (6) years after the effective date of this Agreement, unless the
Agreement is terminated under Paragraph 9.2,any of either Party's records related to any
matters covered by this Agreement not otherwise privileged shall be subject to
inspection, review, andlor audit by either Party at the requesting Party's sole expense.
. Such records shall be made available far inspection during regular business hours within
a reasonable time af the request.
14. NOTICE
14.1 Any notice provided for herein shall be sent to the respective Parties at:
King County: City of Renton:
Director's Office Administrator, Community Services
King County Department of Natural Parks and Trails Division
Resources and Parks City of Renton
Rm 700, King Street Center 1455 South Grady Way
201 S. Jackson Street Rentan, WA 98057
Seattle, WA 98104
W ith a copy to: W ith a copy to:
King County Prosecuting Attorney's Renton City Attorneys
Office 1055 South Grady Way
Attn: Chief Civil Deputy Renton, WA 98057
516 Third Avenue W400
Seattle, WA 98104
15. MISCELLANEOUS PROVISIONS
15.1 Waiver. Waiver of any breach of any term or condition of this Agreement
shall not be deemed a waiver of any prior or subsequent breach. Na term ar candition
shall be waived, modified or deleted except by an instrument, in writing, signed by the
Parties hereto.
15.2 �nrce Majeurc. If either Party cannot perform any of its obligations due to
events beyond its reasonable control,the time provided for performing such obtigations
shall be extended by a period of time equal to the duration of such events. Events beyond
a Party's reasonable control include, but are not limited to, acts of God, war, civil
commotion, labor disputes, strikes, fire, flaod or other casualty, shortages of labor or
materials, government regulations or restrictions, lawsuits filed chaltenging one or more
Permits or other agreements necessary for implementation of the Peoject, and weather
conditions.
Renton—King County
Interagency Agreement Fage 14 of 16 Revised 10/23/18
18813
Attachment A
15.3 aoiryt I}raFtin�ort. This Agreement shall be considered for all purposes
as pre�aareci by the joint efforts of the E'arties and shall not be construed a�ainst one Party
or the other as a result of the preparatic�n, substittttion, submissic�n �r other cvent of
negotiation, drafting or execution hereof.
15.4 'l'hird Partx Benciiciar'►_es. Nothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
the City and the County, and atl duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the City and the County and not
for the benefit of any other Party.
15.5 Exhibits. Ali Exhibits referenced in this Agreement are incorporated by
' reference as if fully set forth.
15.6 C:ntire A�;reernznt. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated herein are excluded.
15.7 Arnet�dment. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
15.8 Rclationship ol�the P�rties. The Parties execute and implement this
Agreement as separate entities. No partnership,joint venture or joint undertaking shall
be construed from this Agreement.
15.9 Gc�aemii��: Law, This Agreement shall be governed and construed in
accordance with the laws of the State of Washington.
15.10 SurvivabililY. The provisions of Paragraph 3.4 and Section 1 Q shall
survive termination of this Agreement.
15.1 t A«thority. Each Party executing this Agreement represents that the Party
has the authority to execute the Agreement and to comply with all terms of this
Agreement.
Exhibits
Exhibit A: Legal Description for City of Renton Lake to Sound Trai1 Interagency
Agreement
Exhibit B: Legal Description for Monster Road SW, Right of Way Lake ta Sound
Trail Interagency Agreement
Exhibit C: Lake to Sound Trail Segment A- Wetland Mitigation Maintenance
Agreement
Exhibit D: Lake to Sound Trail Segment A - Operations and Maintenance Agreement
Exhibit E: Temporary Construction Easement and Amendment to Temporary
Construction Easement
Renton—King County
Interagency Agreement Page 15 of 16 Revised 10l23/i 8
18813
Attachment A
Exhibit F: Form of Restrictive Covenant—Lake to Sound Trail Segment A
Restrictive Covenant
Exhibit G: Form of Bil1 of Sale—Lake to Sound Trail Segment A Quit Claim Bill of
Sa(e
Exhibit H: Encumbrances on City's Real Property—Lake to Sound Trail Project
IN WITNESS WHEREOF,the Parties have entered into this Agreement effective as of
the date last written below.
KING UNTY CITY OF RENTON
for
DOW ONSTANTINE DENIS LAW
King County Executive Mayor
lZ2o /�
Date ������� Date
AT EST:
Jas n A. et , i y ler
Z
D e
APPROVED AS TO FORM: APPROVED AS TO FORM:
(�\��� � , ' ...9�i��dX,e //T�
�� ������c �. r ��v����
`�puty Pro,sec ting Attorney ; City Attorney
�� ; � r�-�-��s
Date Date
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Renton—King County
Interagency Agreement Page 16 of 16 Revised 10/23/18
Attachment A
EXHIBIT A
LEGAL DESCRIPTION FOR CITY OF RENTON
LAKE TO SOUND TRAIL INTERAGENCY AGREEMENT
AN AREA OF LAND LYING WITHIN THOSE PARCELS DESCRIBED IN DEEDS FILED UNDER KING
COUNTY RECORDING NO.'S 199205201349, 199406302135 AND 199301130109 ALL LOCATED IN
THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 87°27'18" EAST A DISTANCE OF 2692.79
FEET; THENCE NORTH 33°47'S6" EAST A DISTANCE OF 424.76 FEET TO THE SOUTHWESTERLY
CORNER OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO.
199205201349 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF
LAND;
THENCE NORTH 34°20'S2"WEST ALONG THE WEST LINE OF SAID PARCEL DESCRIBED IN DEED
FILED UNDER KING COUNTY RECORDING NO. 199205201349 A DISTANCE OF 43.59 FEET;
THENCE ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER
RECORDING NO. 199205201349 THROUGH THE FOLLOWING FIFTEEN (15) COURSES:
1) ALONG A 696.00 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS
NORTH 06°31'06"WEST THROUGH A CENTRAL ANGLE OF 3°47'S2" FOR AN ARC LENGTH
OF 46.13 FEET;
2) ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 11°24'08" FOR AN ARC LENGTH OF 209.95 FEET;
3) ALONG A 727.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A CENTRAL
OF 16°55'35" FOR AN ARC LENGTH OF 214.77 FEET;
4) ALONG A 1571.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 07°32'02" FOR AN ARC LENGTH OF 206.57 FEET;
5) NORTH 43°49'17" EAST A DISTANCE OF 271.00 FEET;
6) ALONG A 4030.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
2°48'32" FOR AN ARC LENGTH OF 197.57 FEET;
7) ALONG A 1853.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6°01'18" FOR AN ARC LENGTH OF 194.75 FEET;
8) ALONG A 10,543.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1°00'49" FOR AN ARC LENGTH OF 186.51 FEET;
9) ALONG A 1657.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6°42'20"FOR AN ARC LENGTH OF 193.93 FEET;
10) ALONG A 6738.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1°40'S4" FOR AN ARC LENGTH OF 197.76 FEET;
11) ALONG A 1768.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 6°18'06" FOR AN ARC LENGTH OF 194.45 FEET;
12) ALONG A 8603.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 1°21'44" FOR AN ARC LENGTH OF 204.54 FEET;
13) ALONG A 1922.12 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 5°19'42" FOR AN ARC LENGTH OF 178.75 FEET;
14) ALONG A 2814.93 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 13°25'22" FOR AN ARC LENGTH OF 659.45 FEET;
15) ALONG A 1165.09 FOOT RADIUS COMPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 7°48'53" FOR AN ARC LENGTH OF 158.91 FEET;
17
Attachment A
THENCE LEAVING SAID NORTH LINE ALONG A 705.08 FOOT RADIUS COMPOUND CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS SOUTH 08°50'27"WEST THROUGH A CENTRAL ANGLE
OF 68°57'31" FOR AN ARC LENGTH OF 848.60 FEET; THENCE SOUTH 12°01'39" EAST A
DISTANCE OF 238.86 FEET; THENCE SOUTH 77°33'04"WEST A DISTANCE OF 68.24 FEET;
THENCE NORTH 14°22'42"WEST A DISTANCE OF 380.72 FEET; THENCE ALONG A 657.23 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 62°25'59"WEST THROUGH
A CENTRAL ANGLE OF 73°33'25" FOR AN ARC LENGTH OF 843.76 FEET; THENCE SOUTH
81°19'59"WEST A DISTANCE OF 578.49 FEET; THENCE SOUTH 66°10'44"WEST A DISTANCE OF
818.79 FEET; THENCE SOUTH 32°07'55" EAST A DISTANCE OF 631.59 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING NO. 199301130109; THENCE SOUTH 41°16'15"WEST ALONG SAID SOUTH LINE A
DISTANCE OF 316.16 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE ALONG A 627.46
FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 39°41'39"WEST
THROUGH A CENTRAL ANGLE OF 27°58'19" FOR AN ARC LENGTH OF 306.33 FEET; THENCE
LEAVING SAID SOUTH LINE NORTH 00°00'00" EAST A DISTANCE OF 380.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY
RECORDING N0.199205201349; THENCE NORTH 78°41'16"WEST ALONG SAID SOUTH LINE OF
THE PARCEL DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING N0.199205201349
A DISTANCE OF 57.74 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 37°34'36"WEST A
DISTANCE OF 74.46 FEET; THENCE ALONG A 1965.00 FOOT RADIUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 37°34'36" EAST THROUGH A CENTRAL ANGLE OF 3°24'24"
FOR AN ARC LENGTH OF 116.84 FEET; THENCE SOUTH 49°00'59"WEST A DISTANCE OF 318.31
FEET; THENCE ALONG A 465.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 25°20'24" FOR AN ARC LENGTH OF 205.65 FEET; THENCE ALONG A 385.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 12°52'29" FOR AN
ARC LENGTH OF 86.51 FEET TO A POINT ON SAID SOUTH LINE OF THE PARCEL DESCRIBED IN
DEED FILED UNDER KING COUNTY RECORDING N0.199205201349; THENCE SOUTH 59°53'S5"
WEST ALONG SAID SOUTH LINE A DISTANCE OF 159.28 FEET; THENCE CONTINUING ALONG
SAID SOUTH LINE SOUTH 74�13'27"WEST A DISTANCE OF 443.93 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 13.43 ACRES, MORE OR LESS;
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18
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;�h�, F'��o MONSTER RD.SW LAKE TO SOU N D TRAI L
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14 3�� INTERAGENCY AGREEMENT
S8T27'18"E 13
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2J 24 SW 1/4 SECTION 13 T.23 N., R.4 E.� t�.M. DATE:December 7,2016 FILE:SV-1521-084TCE ftENTON-Rt I
19
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����� SW 1/4 SECTION 13 T. 23 N., R.4 E.,W.M. DATE:December 7,2016 FILE:SV-1521-084-TCE RENTON-Ri
20
Attachment A
APN 1323049012
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EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF RENTON
INTERAGENCY AGREEMENT
TOTAL AREA= 13.43 ACRES
SW 1/4 SECTION 13 T. 23 N., R.4 E.,W.M. DATE:December7,2076 FIIE:SV-1521-084-TCE RENTON-R1
21
Attachment A
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/ � / AFN 199406302135 EXHIBIT A
� LAKE TO SOUND TRAIL
,� CITY OF I�ENTON ,
INTERAGENCY AGREEMENT i,
TOTAL AREA= 13.43 ACRES
SW 1/4 SECTION 13 T. 23 N., R.4 E.,W.M. DATE:December 7,2016 FILE:SV-1521-084TCE RENTON-R1
22
Attachment A
EXHIBIT B
LEGAL DESCFt1PFION FOR �QNSTER R�AD SW, RIGHT UF WAY
LAKE TO SOUNQ�RAIL INTE�tAGENCY AGREEMENT
AN AREA OF LAND BEI€VG PC?RTtC}N OF THE f�90NSTER ROAD SW R1GHT dF WAY LOCATEC7 iN
THE SOUTHWEST QUARTER OF SECTI�N 13 TQWNSHIP 23 NORTN, RANGE 4 EAST,
WILLAMETTE MERIQiAN, GITY OF REI�7C1N,KtNG COU�VTY,WASHINGT{?N ANf� BEING FURTHER
DESCRIBED AS FOLLQWS:
Ct?MMENCING A7 THE SOUTHWE5T COFtNER OF SAlD SECTION 13;TH�NC� NORTN 59'22'"{8"
EAST A DtSTANGE OF 365.97 FEET T�A POINT QN THE SOUTHERLY L1NE OF SAiD MONSTER
ROAD SW RiGHT C?F WAY AND THE TRUE POtNT�F BEGINNI(YG OF THE HEREIN DESCRIBEQ
AREA OF tAND;
THENCE A�dNG SAlD SfJUTHERL`�RIGHT t}F WAY I.INE TNROUGH THE FOLLCIWING�TW(7(2)
COURSES;
'F) tVORTH 74'10'49"A DISTANCE OF 97.51 FEET;
2} ALONG A 238.99 F�QT RADfUS CllRVE TO THE RiGH7 THE CENTER OF VttHICFi BE.ARS
NORTH 17°18'23" EAST TNROUGH A CENTRAL ANCLE OF 12°33°24" FOR AN ARC E.EN�TH
OF 52.38 F�E7`;
THENCE LEAVING SAID SQUTHERLY RfGHT t7F WAY THRQUGN 7HE FOLL�WING SIX (6}
C�'}UR5�5:
1} ALQNG A 86.d0 FO(}T RADlUS GURVE T4 THE LEFT THE CENTER OF WHICH BEARS
NORTH 12°57'26'WEST THROUGH A CENTRAL ANGLE UF 1�°5i'50" FOR�iN ARC �ENGTH
OF 19.31 FEET;
2) NC3RTH 6�°10"43" EAST A DlSTANCE OF 18.79 FEET;
3) ALONG A 94A0 FO()T RAl�tl1S Ct1RV'E TQ THE RIGHT 1'HROUGFt A CENTRAL ANGLE OF
29°55'01" FOR AN Af�C LENGTH{�F 49.48 FEET;
4) NORTH 22'16'55" EAST A DISTANC� C}F 29.91 �EET;
5) SC}UTH 84°47'S3" EAST A DlSTAMCE QF 62.85 FEET;
$) NflRTH Q1°17'dd"EAST A DISTANCE��24.10 F��T TO A P�fNT 4N TNE NQRTH�RLY
LlNE QF SAID MONSTER R4AD SW RIGNT QF WAY;
THEiVCE ALQNG SAID NORTHERLY RiGNT OF WAY LINE THROUGH TNE FULLOWlNG THREE(3}
COURSES:
1} ALONG A 560.0(�FOOT RADIUS GURYE T0 THE �EFT THE CENTER OF WHtCH BEARS
NORTN 76°57'Q2" EAST THROUGH A CENTRAL ANGLE OF 18°5fi"23"FUR AN ARC IENGTH
4F 185.11 FEET;
2) SOUTH Q1°59'21a EASTA pISTANCE OF 1Q.00 FEET,
3) NORTH 88"00'39" EAST A t71STAN�� bfi 81.9�F�ET;
THENCE LEAVING SAID Nf�RTNERLY RIGHT CiF WAY LINE SOUTH 01"59'2'i' EAST A DtSTANCE
OF 7Q.00 FEEf TO A POINT t3N SAID SClUTHERLY RIGHT OF WAY UfiVE t��F MpNSTER RUAD SVY;
THENCE 50UTH 88°QQ'39'WEST ALONG SAID SOUTH�RLY RIGHT OF WAY LINE A QISTANCE OF
29f:.91 FEET;THENCE CONI'tNUiNG ALONG SAtD S�UTHERL.Y RIGHT C3R WAY LINE ALONG A
248.99 FO�T RADIUS CtJRVE 70 THE RiGHT THROUGN A GENTRAL ANGLE OF 22°40't 8' FQR Ahf
ARC LENGTH OF 98.52 FEET TO THE TRUE POINT OF BEGII�NING.
CONTAINING 31,967 SQUARE FEET, {0.73 ACRES}, MORE OR LESS
Q-� w P�'SF
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23
Attachment A
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24
Attachment A
EXHIBIT C
LAKE TO SOUND TRAIL SEGMENT A
Wetland Mitigation Maintenance Agreement
This Wetland Mitigation Maintenance Agreement ("Agreement") is effective as of
the_day of , 20_, and is made and executed by and between the City of
Renton, a municipal corporation of the State of Washington ("City") and King County, a
political subdivision of the State of Washington ("County" or"County Parks").
RECITALS
A. On , the City and the County entered into an Interagency
Agreement ("IA") in which the County agreed to fund and construct a 1.1-mile segment
of what will ultimately be the sixteen-mile Lake to Sound Trail. Part of the 1.1-mile
segment is on property owned by the City and is referred to as Segment A of the Lake to
Sound Trail. Segment A extends from Naches Avenue SW within the Black River
Riparian Forest(BRRF) to the Green River Trail in the City of Tukwila's Fort Dent Park.
The portion of Segment A within the boundaries of the City and subject to the IA is
known as "the Project." This Agreement is a part of that IA.
B. City holds fee simple title to the following properties: Assessor's Tax Parcel
Nos.: 3779200118, 3779200116 ("the Property"). Permit LUA15-000257 SSDP, S-CUP,
S-V authorizes development of Segment A of the Lake to Sound Trail, and requires as a
condition of development that mitigation be performed on wetlands located on the
Property ("Wetland Mitigation Maintenance").
C. The approved mitigation plan per Construction Permit#U16006840 includes
enhancement of approximately 0.49 acre of wetland buffer and 0.60 acre of stream buffer
at two designated mitigation sites (Exhibit A to Exhibit C). Impacts to Fish Conservation
Areas, outside of wetland and stream buffers, will be compensated for with additional
plantings where views toward the heron nesting colony are not already obscured by
existing vegetation. Such plantings, combined with fence installation along the southern
edge of the alignment of Segment A adjacent to the BRRF, are expected to reduce the
potential for disturbance to wildlife in the natural area. The County will conduct all
required Wetland Mitigation Maintenance on the Property.
D. The City agrees to grant the County access to the Property for the purpose of
conducting the Wetland Mitigation Maintenance.
E. This Agreement sets forth the duties and responsibilities of the Parties related to
Wetland Mitigation Maintenance on the Property.
25
Attachment A
F. Mitigation Goal and Obj ectives
Goal: Enhance 0.49 acre of wetland buffer and 0.60 acre of stream buffer to
native forested upland.
Achievement of this goal is expected to increase the production of organic matter
by planting trees and shrubs in the enhanced buffer; increase wildlife habitat; and
improve biological diversity by planting with a variety of native riparian plant
species.
• Objective 1: Establish a minimum of 0.49 acre of forested wetland
buffer and 0.60 acre of forested stream buffer by planting native trees and
shrubs.
Performance Standards:
Year 1 Survival of planted woody species in enhanced wetland buffer and
stream buffer areas will be at least 80 percent.
Year 3 Native woody species will achieve a minimum of 35 percent areal
cover in the enhanced wetland buffer and stream buffer areas.
Year 5 Native woody species will achieve a minimum of 60 percent areal
cover in the enhanced wetland buffer and stream buffer areas.
• Objective 2: Limit invasive non-native species throughout the mitigation
site planting areas. �
Performance Standard:
Years 1-5 Himalayan blackberry, cutleaf blackberry (Rubus laciniatus),
Scotch broom (Cytisus scoparius),butterfly bush, poison hemlock,
Canada thistle (Cirsium arvense), bull thistle (Cirsium vulgare),
and reed canary grass will not exceed 20 percent areal cover in all
planting areas.
� Objective 3: Provide upland wildlife habitat.
Performance Standard:
Increase in areal cover of native woody species in the planted buffer, as measured
in Objective 1 to be used as a surrogate to indicate increasing habitat functions.
• Objective 4: Protect the mitigation site from anthropogenic disturbance.
Performance Standard:
Years 1-5 Conduct yearly qualitative monitoring to assess the status of the
sites during the five-year monitoring period for human disturbance,
including but not limited to filling, trash, and vandalism.
NOW, THEREFORE, and in consideration of the terms, conditions, and
performances contained herein, the Parties mutually agree as follows:
26
Attachment A
AGREEMENT
The County shall conduct the following maintenance activities on the Property:
l. Maintenance Activities �
A. Planting Areas
1. Weed Control
a. County Parks will ensure the site is kept free of weeds and
invasive vegetation. Areal coverage of non-regulated weeds and
invasive vegetation shall not exceed 20 percent. There shall be
zero tolerance for Regulated Class A, B, or C weeds as described
in the King County Noxious Weed List. They shall be removed
immediately upon identification. Current weed lists can be
obtained at the following link:
hrip://www.kin cg ounty.gov/environment/animalsAndPlants/noxi
ous-weeds.aspx
b. Mechanical means of removal (i.e., hand removal) and Integrated
Pest Management(IPM) Best Management Practices shall be
used as alternatives to chemical treatment of weeds whenever
feasible. The County IPM plan is described at the following link:
http://www.kin c�ounty.g,ov/environmentlanimals-and-
plants/noxious-weeds/weed-control-practices/ipm.aspx
c. County Parks shall use chemical applications only as a last resort
and only after other methods of weed control are proven
ineffective. For protection of water quality, even when outside
aquatic areas, only chemical products as defined by the
Washington State Department of Ecology Aquatic Pesticide
Permit may be used. The current list of products approved for
use by the Washington State Department of Ecology are listed
here:
http://www.ecy.wa.gov/programs/wq/pesticides/regpesticides.ht
ml
2. Plant Removal and Installation
Dead plants will be removed from sites and all debris removed from the
property and managed in accordance with all local, state, and federal
regulations. Except for specific noxious weed species for which disposal
in a landfill is required, all vegetative matter shall be composted at a
permitted compost facility. All dead and downed woody material will be
left in place to provide microhabitats for wildlife.
27
Attachment A
New plants shall be installed as needed to meet the Performance Standard
requirements above. All plants shall be sourced locally from growers
within 100 miles of King County.
3. Pruning
Planting sites with native shrubs and trees shall only be pruned if they
encroach on adjacent private properties or right-of-way(i.e., roads or
trails). Unless otherwise specified by the City, native shrubs and trees
adjacent to regional trails shall be maintained to keep a minimum five-foot
clear zone from the edge of pavement. All debris from pruning shall be
removed from the property at the end of each work day and disposed of
offsite.
4. Watering
County Parks will be responsible for watering mitigation sites planted less
than three years at least one time each month starting in May through
October. County Parks will determine if additional water days are needed
to maintain plant health.
The proposed watering design contains a mix of irrigated(larger mare
remote) and non-irrigated (close to trail, accessible by water truck) areas.
Currently, there is no existing irrigation system located within the Project.
The proposed plans show a temporary irrigation system for the larger,
more remote areas. The areas that do not have a proposed temporary
irrigation system (screen plantings easily accessible from the road) shall
be watered using a water truck or similar technique. Access for vehicles
and heavy equipment will be from the east side of Monster Road SW at
the pullout north of the Black River or from Naches Avenue SW.
When feasible County Parks will use reclaimed water for watering. Water
will be acquired from the County Pumping Station located at 5500
Monster Road SW. After irrigation systems are installed, County Parks
personnel will set clocks, adjust irrigation heads for maximum coverage,
and adjust watering schedules for areas receiving too little or too much
water.
5. Fertilizing
County Parks will avoid the use of chemical fertilizers if possible, and
may elect to use either chemical or natural fertilizers to help enhance plant
survivability. lf fertilizers are used, natural time-release products are
recommended.
County Parks will adhere to the following Washington Department of
Ecology Best Management Practices for fertilizer use —
28
Attachment A
http://www.ec�gov/programs/wq/plants/algae/lakes/BestMana ement
Practices.html:
• Test soil at mitigation areas to determine how much fertilizer to
apply;
• Water mitigation areas after fertilizing, but do not allow excess
water to run off into surface waters;
• Sweep up any excess fertilizer which is spilled on hard surfaces
such as walks and driveways;
• Do not spread fertilizer within 75 feet of surface waters or
wetlands;
� Use a "drop" spreader and not a "cyclone" spreader to reduce
the chances of getting fertilizer in surface water.
6. Mulching
County may elect to apply mulch to the sites to minimize weeds and help
retain moisture. County Parks will be responsible for the type and depth of
mulch for each site, but desired depth is typically three to six inches.
7. Animal Protection
The County may elect to apply animal repellant or install protective
barriers around trees, shrubs, and other plants being browsed, grazed, or
otherwise destroyed by animals such as deer, elk, or beaver. All protection
methods used shall be in compliance with the Washington State
Department of Fish and Wildlife guidelines. Some examples of acceptable
methods include application of the repellant Plant-skyddOO or installation
of wire mesh fencing around the bases of trees. Current guidelines for
various species can be fouild at the following link:
http://wdfw.wa.gov/living/mammals.html.
B. Trash Removal and Debris Control
The Mitigation areas for which County Parks has responsibility shall be inspected
during each visit to ensure that debris such as bottles,paper, cartons, and similar fareign
matter are disposed of to keep the grounds in a neat appearing condition. Readily
recyclable materials shall be recycled whenever possible. Except for specific noxious
weed species for which disposal in a landfill is required, all vegetative matter shall be
composted at a permitted compost facility. All materials removed from sites shall be
managed in accordance with all local, state, and federal regulations.
C. Insect and Disease Control
Chemical treatments to control pests and disease shall be avoided if alternative
maintenance activities can reduce pest populations. However, if such maintenance
methods are not successful, County Parks may elect to use chemical treatments. Only
chemical products defined by the Washington State Department of Ecology Aquatic
29
Attachment A
Pesticide Permit shall be used and the County will review those products per the
standards of its IPM standards.
D. Traffic Control
Maintenance activities shall be performed in ways that do not block the trail or
otherwise disrupt bicyclists and other trail users. If maintenance activities are expected to
result in partial trail blockages or disruptions, County Parks will seek to minimize the
time of disruption and shall clearly delineate the area with traffic cones or other
cautionary signage devices.
E. Inspections
After construction of mitigation areas is completed, an"as-built"mitigation report
will be submitted to the City within one month of installation. County Parks will perform
post-construction monitoring of the mitigation areas for a five-year period using qualified
biologists. County Parks will perform monitoring quarterly the first year and annually for
subsequent years to ensure that the goals and objectives of the mitigation are being met.
County Parks will submit reports quarterly for the first year and annually for the
next four(4) years following construction of the mitigation areas. County Parks will
perform any subsequent reporting, if necessary, to document milestones, successes,
problems and contingency actions of the compensatory mitigation. County Parks will
send monitoring reports to the agency requiring monitoring reports by February 15 of the
following year.
The Administrator of the City's Department of Community and Economic
Development or designee has the authority to modify or extend the monitoring period and
require additional monitoring reports for up to five additional years (for a total of ten
years) if the mitigation sites are not meeting performance standards. If such
modifications or extensions are made, County Parks will implement contingency
measures identified in Table 6-1 of Section 6.3 of the Lake to Sound Trail —Segment A
Final Critical Area Study.
2. Access
A. In accordance with Section 3.1(c) of the IA, the City hereby grants to the
County and its employees, agents, representatives, invitees, consultants, contractor and
subcontractors performing work on behalf of the County the non-exclusive right and
license to enter onto the Property for the purpose of conducting the activities identified in
Section 1. This right and license shall begin upon the effective date of this Agreement
and continue until the end of the required monitoring period.
B. In the performance of the maintenance and monitoring activities listed in
Section 1 above, the County is not required to provide notice or request permission from
the City for access unless these activities require trail closure, as described in Section 4.
30
Attachment A
C. Each Party shall coordinate and share with the other Party any locking
devices on bollards, gates, and other features, such that each Party has access to perform
its responsibilities pursuant to this Agreement.
D. The rights which the City grants to the County under this Agreement are
in the nature of revocable licenses for access and for the other purposes described herein.
Nothing in this Agreement is intended to convey any right, title, or interest in the real
property which is the subject of this Agreement, and nothing in this Agreement shall be
construed to convey any such interest.
E. Vehicular and heavy equipment shall be limited to a point of access at the
east side of Monster Road SW at the pullout north of the Black River or from Naches
Avenue SW.
3. Contact Information
A. All correspondence related to this Agreement shall be through the
following designated contacts. All communication regarding this Agreement shall
reference the agreement name "Lake to Sound Trail Segment A—Wetland Mitigation
Maintenance Agreement" and execution date.
King County and City of Renton formal points of contact are as follows:
KING COUNTY: Don Harig
Parks Operations Manager
3005 NE 4th St.
Renton, WA 98056
(206) 477-6140
Don.Harig@kingcounty.gov
CITY OF RENTON: Cailin Hunsaker, Parks and Trails Director
Community Services Department
Renton City Hall, 6th Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6606
chuns aker@rentonwa.gov
Inspections: Matthew Herrera, Senior Planner
Community and Economic Development Department
Renton City Hall, 6th Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6593
mherrera@rentonwa.gov
31
Attachment A
B. From time to time, contact information may change. Any change or update
to contact information made a part of Section 3.A shall be provided to the other Party by
electronic mail notification. The Party in receipt of the change will confirm receipt of the
change by electronic mail back to the initiating Party.
4. Trail Closure or Significant Work
A. Should Segment A need to be closed temporarily for routine maintenance
lasting less than a sixty minute period, no notification to the other Party is necessary.
Should a longer closure of Segment A be necessary by either Party, advance written
notification of seven calendar days shall be given to the other Party and a detour for
public use will be implemented, if practicable. Closures requested by the County shall be
subject to review and written or electronic concurrence by the City. Closures requested
by the City shall be subject to County notification.
B. The City reserves the right to close all or part of the Trail unilaterally
should the Trail pose a threat to the traveling public. The County has the unilateral right
to temporarily close all or part of the Trail to the public with subsequent notification to
the City if in the County's judgment trail conditions pose a potential hazard to the public.
5. Amendments
Modification of this Agreement may only be made by amendment or supplement as
mutually agreed to in writing and signed by each Party.
IN WITNESS WHEREOF, the City and the County have executed this Agreement
on the date set forth above.
CITY OF RENTON, a
Washington State munici al corporation
By r L{,L,/
Name: Denis Law \`\`�����„����������
Its: Mayor << ��: �� '%
`,�`���`'�`,,,,�,,,,���,,,,,��'���,,,1
ATTEST _ _ � - �' -
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��i� '�,p ����tnm����`� �'� ��
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32
Attachment A
STATE OF WASHINGTON )
� ) ss.
COUNTY OF K1NG )
I certify that I know or have satisfactory evidence that Denis Law is the person
who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as
the Mayor of the CITY OF RENTON, a Washington State municipal corporation, to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: � 1.�/2�'�?,C3� �'
��
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33
Attachment A
KING COUNTY, a
Political subdivision of the State of Washington
,
By ;,
Name l �b�� �2�--��-�"
Its � ►�P �'� �r"c- 7��
34
Attachment A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ��{i S-j��� �� Y�+-�
is the person who appeared before me, and said person acknowledged that hq�igned
this instrument, on oath stated that he� l�iwas authorized to execute the instrument and
acknowledged it as the ��` ��j���/ � l� C �/��r� � of KING
COLTNTY, a political subdi sion of the St te of Washington, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: ���C� �/ � � �
�� � � �
Notary Public )� �
,��1�EW,PF Print Name .����V(,tit.^' ��✓�'�'�
�Q.���gs�oti F+;9� My commission expires � �,?�/_�?���U Z f�
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Attachment A
EXHIBIT D
LAKE TO SOUND TRAIL SEGMENT A
Operations and Maintenance Agreement
This Operations and Maintenance Agreement ("Agreement") is effective as of the_day
of , 20_, and is made and executed by and between the City of Renton, a
municipal corporation of the State of Washington ("City") and King County, a political
subdivision of the State of Washington ("County" or"County Parks").
RECITALS
A. On , the City and the County entered into an Interagency
Agreement ("IA") in which the County agreed to fund and construct a 1.2-mile
segment of what will ultimately be the 16-mile Lake to Sound Trail. Part of the
1.2-mile segment is on property owned by the City and is referred to as Segment
A of the Lake to Sound Trail. Segment A extends from Naches Avenue SW,
within the Black River Riparian Forest to the Green River Trail in the City of
Tukwila's Fort Dent Park. The portion of Segment A within the boundaries of the
City and subject to the IA is known as "the Project." This Agreement is a part of
that IA.
B. The City holds fee simple title to the following properties: Assessor's Tax
Parcel Nos.: 3779200119, 3779200118, 3779200117, 3779200116, 1323049024,
1323049012, 1323049088 and 1323049089 ("the City's Real Property"). The
County will maintain the Project improvements and operate that portion of
Segment A within the boundaries of the City. The area to be operated and
maintained is depicted in Exhibit A to this Agreement and is generally defined as
the area fifteen (15) feet to the left and right of Segment A centerline or a 30 foot
wide corridor.
C. The City agrees to grant the County access to the City's Real Property for the
purpose of conducting Operations and Maintenance of Segment A.
D. This Agreement sets forth the duties and responsibilities of the Parties related to
Operations and Maintenance on the City's Real Property.
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
contained herein, the Parties mutually agree as follows:
37
Attachment A
AGREEMENT
1. The County shall conduct the following Maintenance Activities within the 30 foot
trail corridor on the City's Real Property:
A. Trail Maintenance—trimming, edging, mowing, sweeping, blowing and
removal of debris. Removal of litter on or adjacent to trail as well as
periodic pavement cleaning. Removal of litter from receptacles along the
trail, brushing, invasive plant/weed removal, repairs to surface or subgrade,
concrete repairs, maintenance and/or repair of retaining walls, grading of
gravel surfaces,periodic inspection.
B. Bridge Maintenance and Inspection—spall repair and handrail repair as well
as maintenance below the bridge deck; periodic removal of debris from
bridge abutment and brushing as needed. Safety inspections by a County
Bridge Inspection Team shall be conducted on a no less than every four year
cycle.
C. Vandalism Repair and Graffiti Removal —repair trail infrastructure and
remove graffiti from bollards, litter receptacles, benches, fences, trail
surface, bridge surfaces, interpretive signs and other trail amenities within
the project limits.
D. Trail accessory maintenance—replace and/or repair bollards, gates, litter
receptacles, signage and other trail amenities as needed.
E. Drainage structure maintenance—maintain surface facilities constructed by
the project. Clean, maintain, repair and replace catch basins, culverts and
other permanent drainage facilities installed as part of the trail project.
F. Erosion and slope stabilization—maintain and repair any erosion control
measures that are related to the project including seeding, erosion control
blankets and other surface best management practices.
G. Landscaping—routine care of plant beds, plantings, ornamental trees and
shrubs, and prepared turf areas including screening planting and buffer
vegetation—maintenance of buffer vegetation conservation plantings
(BVC1-3) as well as screening planting areas (SPl-12)plantings installed
by the County as part of the project, removal of problem trees or vegetation.
38
Attachment A
H. Temporary irrigation system—inspection, operation, maintenance and repair
of temporary irrigation equipment installed by the project for plant
establishment.
I. Public Relations— interact with the public to provide information and
assistance.
J. Routine Patrol of Wetland Mitigation Sites —routinely patrol that portion of
the City's Real Property designated as wetland mitigation sites in Exhibit A
to Exhibit C to the IA for the presence of illegal encampments and promptly
notify City of any observed illegal encampments. The removal of
unauthorized encampments including notification and removal of
unauthorized transient encampments, located within the City's Real
Property is otherwise specifically excluded from the O &M responsibilities
of the County.
2. Failure to Maintain. If County Parks refuses or neglects to repair, replace, or
maintain the Segment A, or any part thereof, the City shall provide County Parks
reasonable written notice of the need for additional repair, replacement, or maintenance
actions and shall provide the County three days to respond to this notice. If the County
fails to respond to the City's notice and fails to conduct the needed repair, replacement
or maintenance actions, the City may make such repairs or perform such maintenance on
behalf of and for the account of County Parks. If the City makes or causes any such
repairs to be made or performed, as provided for herein, County Parks shall pay the cost
thereof(including, but not limited to, the cost of labor, material and equipment) to the
City promptly upon receipt of an invoice therefor. However, if the Parties do not agree
about what repair, replacement or maintenance actions are necessary and warranted, the
Parties shall attempt to resolve the dispute. If the Parties are unable to resolve the
dispute, the Parties shall engage in some mutually acceptable form of Alternative
Dispute Resolution, such as mediation or arbitration. The Parties agree that a good-faith
attempt to resolve any dispute through ADR shall be a condition precedent for either
Party to initiate any civil action or other litigation regarding this Agreement.
3. The City shall conduct the following maintenance activities on the City's Real
Property:
A. Abatement of illegal encampments, as follows:
l. On the City's Real Property except within those portions designated as
wetland mitigation sites in Exhibit A to Exhibit C to the IA: The City
shall conduct routine patrols to locate and remove such encampments.
2. Within those portions of the City's Real Property designated as
wetland mitigation sites in Exhibit A to Exhibit C to the lA: The City
39
Attachment A
shall remove such encampments if notified by the County of the
presence of such encampments or if the City observes such
encampments.
B. Perform on-going maintenance activities within City right-of-way, including
operation and maintenance of the pedestrian activiated signal for the
Monster Road SW trail crossing.
4. Illegal Encampments in Wetland Mitigation Sites
If there are illegal encampments within those portions of the City's Real Property
designated as wetland mitigation sites in Exhibit A to Exhibit C to the IA, the City shall
be responsible for removal or ejectment of these illegal encampments. The County shall
be solely responsible for any restoration of wetland mitigation sites that result from
illegal encampments. The County agrees not to seek any recovery or compensation from
the City for damage to the mitigation sites caused by the illegal encampments or caused
by reasonable actions taken by the City to remove the illegal encampments.
5. Access
A. In accordance with Section 3.1(d) of the IA, the City hereby grants to the
County and its employees, agents, representatives, invitees, consultants,
contractors and subcontractars performing work on behalf of the County the
non-exclusive right and license to enter onto the City's Real Property for the
purpose of conducting the activities identified in Section 1. This right and
license shall begin upon the effective date of this Agreement and in
perpetuity.
B. In the performance of the operations and maintenance activities listed in
Section 1 above, the County is not required to provide notice or request
permission from the City for access unless these activities require trail
closure, as described in Section 4.
C. Each Party shall coordinate and share with the other Party any locking
devices on bollards, gates, and other features, such that each Party has
access to perform its responsibilities pursuant to this Agreement.
D. The rights which the City grants to the County under this Agreement are in
the nature of personal licenses for access and for the other purposes
described herein. Nothing in this Agreement is intended to convey any right,
title, or interest in the real property which is the subject of this Agreement,
and nothing in this Agreement shall be construed to convey any such
interest.
40
Attachment A
E. Vehicular and heavy equipment shall be limited to a point of access at the
east side of Monster Road SW at the pullout north of the Black River or
from Naches Avenue SW.
6. Contact Information
A. All correspondence related to this Agreement, shall be through the
designated contacts. All communication regarding this Agreement shall
reference the agreement name "Lake to Sound Trail Segment A - Operations
and Maintenance Agreement"and execution date.
The City of Renton and King County formal point of contacts are as follows:
KING COiJNTY: Don Harig
King County Parks
201 S. Jackson St. Suite 700
Seattle, WA 98104
(206)477-6140
don.harig@kingcounty.gov
CITY OF RENTON: Cailin Hunsaker, Parks and Trails Director
Community Services Department
Renton City Hall, 6`h Floor
1055 South Grady Way
Renton, WA 98057
(425) 430-6606
chunsaker@rentonwa.gov
B. From time to time, contact information may change. Any change or update
to contact information made a part of Section 4.A shall be provided to the
other Party by electronic mail notification. The Party in receipt of the
change will confirm receipt of the change by electronic mail back to the
initiating Party.
7. Trail Closure or Significant Work
A. Should the Trail need to be closed tempararily for routine maintenance
lasting less than a 60 minute period, no notification to the other Party is
necessary. Should a longer closure of the Trail be necessary by either Party,
advance written notification of seven calendar days shall be given to the
other Party and a detour for public use will be implemented, if practicable.
Closures requested by the County shall be subject to review and written or
41
Attachment A
electronic concurrence by the City. Closures requested by the City shall be
subject to County notification.
B. The City reserves the right to close all or part of the Trail unilaterally should
the Trail pose a threat to the traveling public. The County has the unilateral
right to temporarily close all or part of the Trail to the public with
subsequent notification to the City if in the County's judgment trail
conditions pose a potential hazard to the public.
8. Amendments
A. Modification of this Agreement may only be made by amendment or
supplement as mutually agreed to in writing and signed by each Party.
B. If this Agreement is terminated pursuant to Section 9, each party will
operate and maintain the portions of the trail that are under their ownership
as indicated in the Recitals, Section B. and as shown in Exhibit A attached
to this agreement.
9. Performance after January 1, 2021
A. Through December 31, 2020, the County's obligations under this
Agreement shall not be affected by the outcome of any parks, trails or open
space levies.
B. If the King County voters approve a parks replacement levy in 2019, then
the County's obligations shall continue after December 31, 2020.
C. If the King County voters do not approve a parks replacement levy in 2019,
the County shall in good faith attempt to identify alternative funding for its
obligations under Sections 1, 2, and 4 of this Agreement. If the County has
identified such alternative funding by July 31, 2020, the County's
obligations shall continue after December 31, 2020. If the County has not
identified such alternative funding by July 31, 2020, the County and City
shall negotiate in good faith the performance and funding of the obligations
set forth in Sections 1, 2, and 4 of this Agreement for the period after
December 31, 2020. If, prior to Parties reaching a negotiated outcome, the
County ceases performing or funding any of its obligations under Sections
1, 2, or 4 of this Agreement, the City shall be released from its obligations.
D. King County funding in support of this Agreement beyond the 2019-2020
biennium is conditioned upon appropriation by the County Council of
sufficient funds to undertake the activities described in this Agreement. The
42
Attachment A
sufficiency of any such appropriation shall be determined by the County in
its sole discretion. Should such an appropriation not be approved, this
Agreement shall terminate December 31, 2020.
IN WITNESS WHEREOF,the City and the County have executed this Agreement
on the date set forth above.
CITY OF RENTON, a
A Washington State municipal corporation
By
Name: Denis Law
Its: Mayor
ATTEST:
�
. \`��i\\ii�Hlillll/t/
Jason A. Se , Cl r � �`��,.�y pF R�yrp,����
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43
Attachment A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF RENTON, a
Washington State municipal corporation,to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: I LJ 2f� �LL�( �l
�������\\\\1���� �'��`�Y`-G�ot-c�--�' l�V��.�-t�
���Q�A�J,�,,��J,���/�� NotaryPublic, ��t.v�QVZ�. ��• (tv-��r
_=y�.=;ys��,P�fi�A� �, Print Name �
� _�����TqR` %��,,, i/ My commission expires H�'l�1—Z�1`]
% =o �n: �
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44
Attachment A
KING COUNTY, a
Political subdi �' ion of the State of Washington
By ��',.
.
Name �'�..5 tii ' (l�t' `�--�
Its
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certif �t I know or have satisfactory evidence that
C ✓ � S�F_ �, ( (/vt� is the person who appeared before me, and said person
acknowledged that��signed this inst ent, on o th stated that h�s�i�.>was authorized to execute
the instrument and acknowledged it as the ( ,`�e , �C_ ,� /U,�'�� of
KING COUNTY,a political subdivision of t e State of Was ington,to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: � �(.i ���)(�
e��� `
,`�fG.W��PF9 No ry Public
��,��yS10N F+A�'jy Print Name G��1.�;� ��ih.1
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45
Attachment A
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Attachment A
EXHIBIT E
TEMPORARY CONSTRUCTION EASEMENT AND
AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT
54
Attachment A
AFTER RECQRDING RETURN TO: CONFORMED COPY
King County Parks
Attn; Jason Rich 20������������
201 S. Jacksan St., S�ite 7Q0
r0�8tt�@, WA 98104 KC PARKS CAP P ERS 84.�8
ppGE-001 OF 012
02/06/2017 i3:81
D�CUMENT TITLE: Temporary Construc#ion Easement
GRANTOR; City af Renton
GRANTEE: King County
ABBREYIATED I.EGAL SW 'l4, Sec. 13, Twn. 23, Rng. 4
DESCRiPTION:
FULL LEGAL DESCRfPTIt}N Exhibits A and B
ON PAGE;
ASSESSOR'S TAX PARCEI NO. 37792�-0119 132304-9012
37792�-011$ 132304-9024
377�20-0117 132304-90$8
3�7920-0116 132304-9089
PROJECT: Lake#o Sound Trail Segment A
TEMPtJRARY C�NSTRUCTiON EASEMEN7
This TEMPURARY CONSTRUCTION EASEMENT is granted this v�` �r day �f
� � -�;y,ty > � , 20� `f', by the City of Renton, a Washington municipal co�pa�ation,
hereinafter ref�rred to as "G�antor," #o King County, a political subdivisian of the Siate of
Washington, hereinafter referred to as��rantee."
WHEREAS, the Grantor is the owner of certain parcels of land located r�ear 14299 Monster Rd.
SW, Renton, in the County vf King, State of Washington, {"Prope�ty");
WHEREAS, the Graritee is considering c�nstruction of what is known as Segment A of ttte �ake
to Sound Trail (�Projec#A), a 16 miie non-m+�torized, multi-use recreational t�ail spanning from the
sauth end o#Lake Washington in Renton to the shoreline o#Puget Sound in Des Maines;
WHEREAS, the Grantee has provided tt�e Grantor with the design drawings far the Projec#, and
the Gra�tor accepis and agrees to allow ct�nstruction of the Project in the Easement Area
identified in Exhibit A and 8, located on the Property, in accordance with the canditions set fo�th
in this�'emparary Construction Easement;
Page 1 af 6
55
Attachment A
WHEREAS, the Grantee has compiied with all regulatory requirements that apply to the Project,
and has obtained al! necessary permits and regulatory appravals allowing construction of the
Project, including the fallowing: City af Renton, Sho�eline Management Substantial
Development Pe�rnit LUA15-00257 SSDP, City of Renton, Shoreline Conditionai Use Permit
LUA15-00257 S-CUP, and C'rty of Renton, Shoreline Variance LUA15-00257 S-V. Grantee
agrees that if#he Project is constructed, it shall be constructed in accordance with these permits
and approvals;
WHEREAS, it has been found necessary, in the construction and improvement of the Project, to
acquire certain surface rights and privileges on, acrass, and nver a portion of said Praperty; and
WHEREAS, the Grantor hereby represents and warrants to tF€e Grantee that i# has sufficieni
property interests in the Property to grant this Temporary Canstruction Easement to Grantor,
NOW THEREfORE, the Grantor and Grantee agree as follaws:
1. Grant of 7emporary Construction Easement: The Grantor, for a�d in con$ideration of
the benefit to the Tukwila Cammunity of the Lake to Sourid Trail, to the same extent and
purposes as if the rights granted had been acquired �nder the Emit�ent Domain Statute
of the State af Washington, hereby grants ta Gra�tee a ternpotary constructian
ea�ment on, acros�, and over that portion of Grantar's Property, together w'rth the right
to enter upon and have access to said Easement Area �r the purpose �f the Project
work, and to take such other actions upon the Easement Area as are ne�ssary and/or
canvenient far the construction of Grantee's Projec#. Grantor understands that the
temporary easement righ#s donated herein to King Caunty for pubiic use is made
vofunta�ily and with full knowiedge that Grantor shall receive ju�t cQmpensation in the
form of surface improvernen#s. Additionally, Grantor understands that it has the right to
request an appraisal of the property, and he�eby gives up that right.
2. Purpose: Grantee may utilize the Easement or�ly for th�e purpase of constr�c#ion of the
Project. G�antee may elect, but is not bound #o construct the project. If the Project is
constructeci it will be perfarmed in accordance with the praject plans and conditions set
forth in ihe fol{owing permits: City of Renton, Shoretine Mana�ement Substantial
Deveiopment Permit �UA15-04257 SSDP, City afi Ren#on, Shareline Condi#ional Use
Permit LUA1�-00257 S-CUP, and City of Renton, Shareline Variance LUA15-00257 S-V.
Aceess to the Easement Area over Grantor's Property shai# be maintained during the
Project work.
3. Term: The rights, #itle, pri�ileges and authorities hereby granted shall begin upan writter�
Notice of Construction to the Gran#or and sha0 continue in farce for iweniy-four t24)
mortths from the date of the No#ice of Construction, or January 30. 2020, whichever is
later.
It is understaod and agreed that the delivery of this Temporary Construction Easement is
terxiered and that the terms and obligations hereaf shall no# become binding upon
Grantee unless and until accepted and approved in writing by the Grantee.
4. Access and Encr+oachments. The Grantor hereby grants to the Grante+� and its
emplayees, agents, repr�sentatives, invi#ees, cansu�tants, contractors and
Page 2 of 6
56
Attachment A
subcontractors performing work on behalf af the Grantee the fo{lowin� access rights to
the Easement Area:
(a) The non-exclus�ve right and license to enter onto the Easement Area to analyze,
assess, investigate, inspect, measure, survey, study and gathe�information far purposes af
construction o€the Project, including but not limited to completing borings and other subsurface
investigations. This nght and license shall begin upon the effective date of this Temporary
Constructian Easernent and continue throughout the term of this Temporary Cansiruction
Easement.
(b) The non-exclusive right and license to enter ar�ta, and take actions on, ihe
Easement Area nece�sary f+�r construction of the Project.. This rEght and license shall begin
upon the Gran#ee's issuance o#the Natice ta Praceed and contin�e ur�tii the later of twenty-four
{24) months ar�mpletion of the Prc�ec#. This nght and license �hall not be exclusive of the
Grantor's right to enter the Easement Atea for the purposes of inspections or other actions
necessary to implemen#this Temporary Construction Easement, or for any other purpose,
provideci that the Grantor's entry onto the Easement Area shalt nc�t impair, impede or deiay
construction af the Project.
(c) The Grantor hereby represents and warrtaants to tt�e Grantee that it has sufficient
prop�rty interests and the legal authori#y to remove Encraachmerrts; and that there are no
easements, cavenan#s, restric�ions, encumbrances or defects on or to the title af the Property
that witt in any way affect or impair the Grantee's or the Grantort`s ability to perfarm th�ir
respec#ive oG�igatians under this Tempvrary Constructian Easement.
(d) If the Grantee's Contractor remades Encroachments in accardance with the
Grantor's direction, the Grar�tor shall protect, cfefend, indemnify ar�ci save harmless the Grantee,
�s officers, offic�als, employees, agents, Contractor and subcontractors, whi�ac#ing vvithin the
scope af their empioyment as such, from any and all suits, costs, �la'rms, ac#ions, losses,
penalties,j�dgmen#s, and/or awards of damages ar':sing frarn removal of said Encroachments
except when caused by the negiigence of the Grantee, rts offic�rs, offic+als, employees, agents,
Contrac#ar and subcontradors.
5. Res#oration: The Grantee shall upon comp�etian �f t�e Praject c�escrik�ed herein r�emove
�II debris and restore the surface of the Property as nearty as possible ta the condition
immediately prior to the Grantee's entry thereon, except�ng any modifications or
improvements made as a part of#he Project or othenwise approved in v�iting by the
Grantc�r.
6. indemnification: Each Par#y shall pratect, defend, indemnify and save haRnless the
other Party, its officers, officials, emplayees and agents whi�e acting within the scope of
their em�loyment as such, from any and all suits, casts, claims, actions, losses,
penalties,judgments, and/or damages of whatsoever kind ("Claims") arising out of, or in
connection with, or incicient to the breach of any wa�ranty under this Temporary
Construction Easement or the exercise of any �igh#o�obligation under this Tempo�ary
Construction Easement by the indemnifying Party, including any negligent acts or
amissions, exc�pt to the extent such Claims arise out of or�esu�from the other Party's
awn r�egiigerrt acts o��nissions. Each Party agrees that�# is fiuUy respansible#�r the
ac#s and amissions of its awn contract4rs, emptoyees and age�ts, actin�within the
Page 3 of 6
57
Attachment A
scape af their employment as such, as it is far the acts and omissions of its own
empfoyees and agents. Each Party agrees that its obligations under this paragraph
extend ta any claim brought by or on beh�Pf of the athe� Party or any of its employees, or
agents. The foregoing indemnity is specificalfy a�td expressly intended to constitute a
waiver af each Party's immunity under Washington's Industrial insur�nce act, RCW Titie
51, as respects the other Party on{y, and on(y to t�►e extent necessary fo provide the
indemnified Party with a fuU and complete indernnity of Claims mad� by the indemnitor's
employees. The Parties acknowledge that these provisions were specifically negotiated
and agreed upon by#hem. Nothing in this Paragraph madifies or limits in any way the
Grantor's abligations in Parag�aph 4.
�. Insuranc�: Each Party shall maintain, for th�dura#ion �f each Party's liability exposures
under this Tempofary Construction Easement, self-insurance and/or insurance
caverage against claims for injuries to persons +ar c�amage to property, which may arise
fram or in connection with performance of tt�e wc�rk hereunde� by eact� Party, t�eir
agents, representati�res, employees, con�ac#o�s or subcorrtra�ctors.
King Caunty, a charter�oun#y gc�vemment u�de�fhe constitution of the State of
Washington, maintains a fully funded Se{f-Insurance prc�gram as deFir�ed in King County
Cade chapter 4.12 for the protection and handling of th� Grante�'s liabilities including
inju�ies to persons and damage to prope�ty. Ttte Grantor acknoariedges, agrees and
uncl�rstands �at the Grantee is self-funded for all of its liability exposures and that the
G�antee's se�-insurance program meeis the requirements of this paragra�. The
Grantee agrees, at its own expense, to maintain, tt�rou�h its self-feanded program,
coverage for all of its liability expasures for#f�is Tem�arary Construction Easement. The
Grantee agrees to provide the Grantor w�h at�east 3�days prior written notice of any
ma#erial change in the Grantee's setf-fur�ded pfogram and will p�c�vide the Grantar with a
cert�cate of seif-insurance as adequate p�nt�f a#coverage. The Grantor fu�ther
adcnowiedges, agrees and understands that#he Gra�tee does not purchase
Commercial General Liability insurance and is a setf-insured governmental entity;
therefore tt� Grantee does not have the ability#o add the Grantor as an �dditional
insuted.
The Granta�maintains a combination of a fully funt�ed seifi-insurance program and
excess insurance coverage for the protection and handli�tg of ttie Grarrto�'s liabilities,
including injuries to persons and damage to praperty. The Grantee adcnowledges,
agrees and understands that the Grantor's self-insurance �ogram and excess insurance
meet the requiremer�ts af this paragraph. The Grantcrr agrees, at its �wn expense, to
maintain, through i#s seif-funded pfogram and excess insurance, coverage for all of its
liability exp+osures for this Temporary Construction E�sement. The Grantor ag�ees to
provide the Grantee with at least 30 days p�ior written notice of any material change in
the Grantar's self-funded and insurance prcrgrams a�ci will provide the Grantee with a
cert�cate af insurance as adequate proof of coverage and naming the Grantee as an
additional insured.
8. General Condi#ions:
Page 4 of 6
58
Attachment A
(a) Joint Drafting Effort. This Temporary Constnac#ion Easement shail be considered for
a11 purposes as p�epared by the join#efforts of the Parties and shali not be construed
against one Party or the other as a result of the prepara#ion, substitution, submission
or other event af negotiation, drafting or execution hereaf.
{b) Third Partv Beneficiaries. Nothing in this Temporary Cons#ruction Easement is
intended to, nar sha({ be construed ta give any rights or ber�efits ir� the Temporary
Constnaction Easement to anyane other than the Gran#ar and t�e Grantee, and all
duties and responsibilities undertaken pursuant to this Temporary Constri.�ction
Easement will be for the sole and exclusive benefit o#the Grantor and tfie Grantee
and not for the benefit of any otfier Party
(c) Exhibits. Ail Exhibits reference�d in this Temporary Construction Easement are
incorporated by reference as if futiy set fvrth.
(d) Entire Agreement. This Temporary Cc�nstruction Easement contains the en#ire
agreement of the parties and any representa#ians or understandings, whether oral or
wiiitten, not incorporate�i hereir� are excluc�ed.
(e} Amendment. This Tempc�rary Construction Easemen# may be amended only by an
instrumerit in writing, duly executed by b�ath Parties.
(� Relations�iq of the Parties. The Par#ies execute and implement this Temporary
Con�truction Easement as separate entities. No part�ship,joint venture or joint
undertaking shall be construed from this Ternporary Construction Easement.
(g} Goveminp Law. This Temporary Cons#ruction Easement shall be govemed and
construed in accordance with#he laws o#the State of Washington.
{hj Survivabiiitv. The �avisions c�f Se�iQns 4 an�! 7 shaEl survive termination vf this
Temporary Construction Easement.
Each Party executing this Temporary Cons�ruction Easement represents#hat the Party has the
authoti#y to execute the Temporary Canstruction Easement and to comply with a!I terms of this
Temporary Cans#ruction Easement.
WiTNESS WHEREOF, this instrument fias t�een executed the day and year first above written.
GRANTOR:
City o# ento�
l__
By.
Printed Name: enis Law
Title: Mayvr� ,.
�ate:
Page 5 of 6
59
Attachment A
ATTEST: �
� ��
� �� �
By: ; , �, .
Printed Na e: Jasa A. Seih ���``'������������+��''���,
.�� p'� R ENT �.,
Title: City le � m� �`����a`,`����Na»+hpr��+'rQ��i���i
Date: _ �,�; � - -
_ -. ;
- � s
s i 5�+,�►j. �` =
: * 's ,� -
GRANTEE: � _ ~ '
s ���'' ,, �,�;=
��, ,, , ,
��i� r� �����ia�ei���+�'���������
King County '"G'�+r�r'�pRATEt�,5�4���`��`
By: �+ �
Printed Name: 1G �
Titie: As��i-� ��,. ,�.�da,-
Date: ��;(z�+�►
� APPROVED AS TO FOR�11:
� � ` ��
, . ,
B�. k r.'(•, � � ��� # )i ���
P ' d Name: �f.��t �� �,; � ;;, �; �E �
Ti#le: County Attomey �
Page 6 of 6
60
Attachment A
EXWlBIT "A"
LEGAL QESCRIPTIC)N FOR ClTY OF RENTON
LAKE TO SOUND TEMP4RARY Ca►NSTRUCTION EASEMENT
AN AREA OF LAND LYING WITHIN THOSE PARCELS QESCRIBED IN DEEDS FILED UNOER KING
COUNTY RECOR�ING NO.'S 199205201349, 199406302135 AEVO 1993Q113�109 ALl LOCATED IN
7HE SOUTHWEST QUARTER +�F SECTION 13 TOWNSHIP 23 N�RTH, RANGE 4 EAST,
WiLLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTNER
OESCRISED A5 FOILUWS:
CQMMENC{NG AT THE 5C)UTHWEST CORNER OF SAID SECTiON 13 FRdM WHICH THE SOUTH
QUAR�'ER CORNER OF SAlD SECTION 13 BEARS SflU7H 87'27'18" EAST A OISi'ANCE OF 2692.79
�EET; THENCE NORTH 33°47'S6" EA�T A DISTANCE�F 424.76 FEET TO THE St�UTHWESTERLY
CflRNEft OF SAID PARCEL L7ESCRIBEO IN DEED FlLED UNDER KiNG COUNTY RECORDIIdG Nt7.
199205201349 AND THE TREJE PC)INT OF BEGlNNING OF THE HERE{IV DESCf21BED AREA OF
LAND;
7HENCE NORTH 34°20'S2"WEST A�t�NG THE WE5T 11NE UF SAID PARCEL DESCRIBE�IN �EED
FILED UIdDER KING COUNTY RECORDING NO. 1982t�5201349 A 01STANCE OF 43.59 FEET:
THENCE ALONG THE NORTH LINE 4F SAI� PARCEL DESCRIBED 1N DEEO FIIEn UNDER
RECORDtNG NO. 1992d5201349 THRt)UGH THE FC?LLOWING FIFTEEN(15j COURSES:
1} AL�NG A 696.00 FOOT RAi?IUS CURVE TO THE LEFT THE CENTER UF WHICH BEARS
NORTN 06°31'06"WEST THRt�UGH A CElVTRAL ANGIE OF 3°47'52" Ft7R AN ARC LENGTH
�F 46.i3 FEET;
2) ALC7NG A 1055.00 FflflT RADIUS COMPOUND CURVE T�THE LEFT THRUUGH A
CENTRAi.ANCLE OF 1 i°24'0$" �'OR AN ARC IENGTM(3F 2�9.95 FEET;
3} ALONG A 727,00 FOOT RAI3IUS CC}MPUUND CURVE TO THE LEFT TFiRt�UGH A CENTRAL
OF fi6°55'35"FOR AN ARC LENGTH OF 214,77 FEET:
4) ALOWG A i571.00 FDOT RADIUS C�MPtJUND CURV�TO THE LE�T THRCJUGH A
CENTRAL ANG�E O€07°32'fl2' FflR AN ARC IENGTH {�F 2t36.57 FEET;
5) NORTH 43°49'17" EAST A QISTANCE OF 271.00 FEET;
6} AL(7NG A 4f}30.0{� FOOT RADIUS CURVE T�THE RIGHT THRUUGH A CENTRAL OF
2°48'32" FOR AIV ARC IENGTH OF 197.57 FEET;
7) ALONG A 1853.00 FOaT RADIUS CU�IIPOUND CURVE TO THE R1GHT THROUGH A
CElYTRAL ANGLE OF 6°01'18" FOR AN ARC LENGTH�F 194.75 FEET;
8) ALONG A 10,5d3.00 FOOT RAOIUS C{)MPOUND CURVE TQ TF}E RIGHT THROUGH A
CENTRAL ANGLE OF 1'fN)'49"FOR AN ARC LENGTH�F 186.51 FEET;
9) ALONG A 1fi57.OQ FOOT RADIUS COMPOUND CURVE TO THE R4GHT THROUGH A
CENTRAL ANGLE C?F 6°42'20 FOR AN ARC LENGTH OF 193.93 FEE7;
1�} ALQNG A 6738.00 FOOT RADIUS COMPOUND CURVE Td THE RiGHT THROUGH A
CENTRAL A�VGLE 1°40'54'Ft)R AN ARC LENGTH OF 197.76 FEET;
11) ALaNG A 1768_00 F�(7T RADIUS CQMPQUND CURVE TQ THE RIGHT THR�UGH A
CENTRAL AAlGLE Uf 6°18'OS" FOR AN ARC LENGTH OF 194.45 FEET;
12) AIONG A 8fiO3.UQ FOOT RADtUS C�NIPOUND CURVE TO THE REGHT THR�UGH A
CENTRI#L ANGLE OF 1°21"44° F�R AN ARC LENGTH OF 20d.54 FEET;
13) ALONG A 1922.12 FOOT RADIUS C�iIAPOUND CURVE TO THE RIGHT THROUGH A
CENTRAL AldGLE�F 5°19'42" FOR AN ARC IENGTH 0� 178.75 FEET:
14) AIONG A 281A.93 FfJOT RADIUS GOMPOIJND CURVE T�THE RiGHT THROUGH A
CE1dTRAL ANGLE OF 9 3°25'22"FOR AN ARC LENGTH UF S59_45 FEET;
15) AL�NG A 1165.09 F�IJT RADIUS COMPOUN�CURVE TO THE R1G�IT THROUGH A
CENTRAL ANGLE OF 7'48'S3" FOR AN ARC LENGTH t}F 158.91 FEET;
61
Attachment A
THENCE LEAVING SAID NORTH LINE ALONG A 7Q5,08 FOOT RADIUS COMPOUND CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS SOUTH 08°50'27"WEST THR+�UGH A CENTRAL ANGIE
�F 6$°57'31" FOR AN ARC LENGTH OF 848.60 FEET; THENCE SOUTH t2�01'39" EAST A
DtSTANCE�F 238.86 FEET; THENGE SOUTH 77°33't34"WEST A DISTANCE OF 68.24 FEET;
THENCE N�RTH 14°22'42"WEST A DISTANCE�F 3$0.72 FEET; THENCE AL�NG A 657.23 FOOT
RADIUS CURti/E TO THE LEFY THE CENTER OF WHICH BEARS SOUTH 62°25'S9"WEST THRflUGH
A CENTRAL ANGLE OF 73°33'25" FOR AN ARC LENGTH QF 843.78 FEET; THENCE SUUTW
81°19'S9'WEST A DISTANCE OF 578.49 FEET; THENCE SUUTH 66°70'44"WEST A DiSTANCE 4F
81$.79 FEET; THENCE SOUTH 32°07'S5" EAST A DISTANCE UF 631.59 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED FILED UNDER KING COU�VTY
RECORDlNG NO. 19930113fl109; THENCE SOUTH 41°16'15"WEST ALONG SAIO SOUTH LINE A
DISTANCE �F 316.95 FEET; THENCE CONTINUING AL�NG SAlD SOU7H UNE ALONG A 627.46
FfJOT RADIUS CURVE TO THE LEFT THE CENTER t3F WHICH B�ARS SOUTH 39°�41'39s WEST
THROUGH A GENTRAL ANGLE flF 27°58'19"FQR AN ARC LENGTH (�F 3t�.33 FEET; THENCE
LEAVING SAID SOUTH LINE NORTH QO°00'04" EAST A DISTAN�CE C?F 3$0.0t3 FEET TO A POINT+DN
THE SaUTH LlPIE OF SAID PA�2CEL DESCRiBED IN DEED FILEa UNOER KING COUNTY
RECQRDI(dG N0.19920520i349; THENCE NORTH 78°41'16"iNEST ALONG SAID SOUTH LINE OF
THE PARCE� DESCRIBED!N �EEb FI�EO UMDER KING C{}UNTY REC�RDING N0.1992fl5201349
A DISTANCE OF 57.74 �'�El`; THENCE LEAVING SAtO SC}UTH �lNE N�RTH 37°34'36"WEST A
DISTANCE OF 74.46 F��T; THENCE AL�NG A 19�G5.OU FOOT RADtUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS SOUTH 37�34'36" EAST THRt�UGN A,CENTRAL ANGLE OF 3°24'24"
FOR AN ARC LENGTH 4F 116.84 FEET; THENCE SC3U7H 49°00'S9"WEST A DISTANCE OF 318.31
FEET; THENCE ALONG A�65.01?�t?(�T RADIUS CURVE TO THE LEFT THRflUGN A CENTRAL
ANGLE OF 25°20`24° Ft?R AN ARC LENGTH�F 205.65 FEET; THEtVCE Ai.ONG A 385.00 FOOT
RADlUS REVERSE CURVE TO THE RIGHT THROtJGH A GEN7RAL ANGLE OF 12°52`29'FOR AN
ARC LENGTH UF 86.51 FEET TO A POINT ON SAI�S�UTH LiNE t7F THE PARCEi. DESCRIBE�IN
DEED FILEfl UNDER KiNG C4UNTY RECORD{NG N0.1992052{7Y34S;THENCE SOUTH 59°53'S5�
WEST ALONG SAID SOUTH LINE A DISTANCE OF 159,28 FEET; THENCE C�NTINUING ALONG
5A1D SOUTH LINE SOUTH 74°13'27"WEST A DISTANCE{3F 443.93 FEET T4 THE TRUE POiNT OF
BEGINN#P1G.
CC1NTAfNING 13.43 ACRES, tiAORE OF LESS;
I�I7�r,�
��R��� * 8�`
�!
h
p 292fS6 �a�4
.nF�� 6j$ �
��N�z �aN�S
62
Attachment A
����
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•�`,�'c� ��.�"�� /,r
/�
y�t '1
�'.�� K3r34��s�w
����'����,,;"� �4.�' (w�ou�.)
Para+'natrix �,�y� .�i�' � �
, �.
� .�`�,�1� � // ,y'1.�` �0,
b �� �'�' // y
��i /`/ �\.r'�,�or�' (
o N zoo� �i ,�'` �.'' �
�■�—� ii r,��w• �
��=�oo� c1� �i�''�g�
ti' i,� �o° o
.�1�'//l `'�` APN 37792QQ119 �
,�et"�/ l AFN 1992Q52b1349 �
/
. �.°�' ��r� pRowas�n � f-��?�t,�
����,�a�� � 1 7RAI4 _ _ � r��L. D
y e � 1 ` 4,�' o `��
D=3'47'S2" ��,�'�'' �/ � d=25`20'24" � �"_ _� ���.�t� A �t
1�46.13' ,�y �� ' L�205.65' �
R=698.00' �"��1.� fi/ 6=1�'S2'29" R�465.00`
p ��,e,. , f
• �� �A4 ./ l=8fi.51'
NO6'31'06"W p=1CZq,0�, .�1� �,'
� �,, Rffi38E►,00' 2928B +44
t��, ��g0� � � .— �` N58'S3'S5"E APN 3779200�90 �f'��`�oroA� L,�a s`�,
�,.,.-� -� 155.2�'
-"' ,�574'13'271M �
N34'20`52"W 443.93'
43.59' .P.O. . �----- ti� .'
11' ' ""--- — — _ '_("
.�,
�� � ` APN 722950-�azai '`�- — — ----_____— _ �XHIBIT B
^�, '`�'�Ro �nardsr��Ra.sw LAKE TC3 SOUND TRAIL
�'`�,�^ s`� n� �22950o CtTY OF RENT()N TEMPQRARY
14 3�� a CONSTRUCTION EASEMENT
s�r2��8 E '3 SHEET 1 CMF 4
23 2� 2692.19' TOTAL AREA�13.43 ACRES
24 3W 9/4 SEGTIQN 13 T.23 N.,R.4 E.,W.M. oA���,�.�o,e FIIE 6V-152l-08�-TCE REN40N-Rt
63
Attachment A
a4• '--
��ti2�}��,' ,,,'"'�"'�`i;--- '-
� �,�2a 3� ��
� 06, ��° r y' '
APN 1323049020 D' ��45 , � .>,,,.. -�" f
. 0��+, �y���0� ..-J:�" ,,,,-�' �' r � i PR�OP05Eb Parart�etrix
�1� �8 , .--j''" , cn � �
D�"�19�'��p y r �,g1g `"� �y I
o ,673 ,.:-� ..- 'a�^� � � o N
.�titi , � y,.-.,� � _ ���a � � , zoo�
.� o,� , f�.-'' APN 37792Q0117 � °' � 1"=200'
��y'���1 O� �,r�.� � AFN 1992d5201349
Q�� f'/
•°i�' ,'`.�� � PRQPQSED r '�
1flp y'� l.�. � /'
o\.4,�C,�,��p /,+'',,� "fFWL + �„�
��,��y .��..'' . i
APN 377920Qtt8 ��!?�!�
i`�'"� N3T34'36"W �AfN 199205201349 �
.`t �a.4s" (wwu�.} ' `.`�� �
. �,� tic� � � �
} N78'41"16"W � "�'� ��� �t � (Z pl.. D. �'
57.74' o�, t� ��eti
. ' ,`. St� 1
1 � �i �
� $ � `c�•
�, `� � �.- �y,,�t' �29286 a°
I $� E`�' t J' S �
i � � �.'�+ fJ�NAI LaNO s
t<`
I �� j 1�g'�1'���°' "
� ��,993p1 � �`'��
�`""�
EXHIBIT B
�I_ :� .����� `a �''� L.AKE TQ SOUND TRAIL
e=zTse'�s• .�: ���.�`� CiTY QF RENTON TEMPORARY ',
�.�3oe.33' --� �� CONSTRUCTION EABEMEIVT
R-s2�.�s' s�s•4�'3sw ` `;` SHEET 2 �F 4
���� fiOTAL AREA=13.43 ACRES
SW 1/4 SECTION 13 T.23 N.,R.4 E.,W.M. o��ao�mti+,t.aa�o FitE SV-�59i-Osa-tCE RENTON�R+
64
Attachment A
a�� �3a�o;sa��
AFN 1992�302135 Para�netrix
d�7'4$'S3"
p�t3'25�22' L�158.91' �
1=559.45 R=1165.09' d��:Sy3f�
'19 . ��y2814.....-9^�'-rjg2QQ117 � ,_,,. ..�.... ..,.. R��$4`��Q' 0 � 200'
A�5 '42 ,_..
� .- APN q��49.�,��.-._.. ._..--- .,, -- ,,.. �. s08.` `
�s11a� 5 , ....AFN.,���: — ..._ ��`k ``' . 1'=200'
1
� ��,2:12 ��„;�-"' '��""��-�
F�� �� ,,.�.�- " � ..- -- f '��` ''" ..,,�,`��
,�...✓'"'� � «�+ ,� �.
�, �,,,�..�-''> -^' �gy��9'S9"� 579. ` ,� ���J� �„'"�'`
..-r,,. „" _ _""'� � �� g�,3 j?.S• .,,•,.:
� .� � PROPdSED ``��s�,��,� ��"
TR�UL �
�� � APN 1323049024 �� • � ``��y9?`3p� ''` f,,�/�►�/�'
�� � AFN 199205201349 ,,,.. w?p�gp�?
i � APF! 1323449094 �`� �t.�E�' D, ��
�, `' i / - ` ,��'�`° ♦
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t �
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f��NAt LAN� S�
�
i��,�9�9,��,'�pt� � r" - - "'"` _ _ ..�---'�
�, �r'~^'
EXHIBIT B
LAKE T4 SOUND TRAIL ,
CITY OF RENfiON TEMP�RARY
CQNSTRUCTION EASEMENT
TOTAL AREA=�3.�3 aC��s �HEET 3 �JF 4
SW 1l4 BECTIUN 13 T.23 N.,R.4 E.,W.M. w�ie oe��,zu,a F���sw,u,.ae..Toc Rewr�oE,..n,
65
Attachment A
�``+�����,_,`���., Parametrix
_..�
�`���'` `��aa�6f,�•
`"" d.a ��\ ; ���''� `�j' �
,� RC����.S� � ����oS��+ \` p N 2pp'
��� 6 '�„''• �, �'{o�, � ��--�
� ��� ?�� �J \\� �����9 \ �,�_200'
�„; � '��. ?�rij.
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N�, �� � ` �
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�� �.� t � A P N 1 3 2 3 Q 4 9 6 8& �S,{��0/yALs LAN� S�1Q'�"
� � ` �� ; `�- AET! 1994�302135
_ � � ' ;
i
� ��g' S7T33'44`W ` �''�``-ti-_�... _ _
/�'`,��r' 68.24' - -
�
i
',,, �,�'� � AFN 1323049089 �
�':�� / a� �ss�aa�o213� EXHIBIT B ,
� LAKE TO SOUND TRAIL
� CITY t�F RENTO�N TEMPORARY
� CQN5TRUCTION EASEMENT
T�TAL AREA=13.43 ACRES SHEET 4 t3F 4
8W 1t4 SEGTION 13 T.23 N.,R•4 E•,W.M. o,�,�.o��.,,.ao,e fILE$V-�S11-OM-TCE RENTON�R1
66
�I������������il���������f�l������������ Attachment A
�o� 7a�� �oo����
AMENDMENT Rec:S7d_04
Pages:2
i11T12017 3:Q3 PM
AFTER RECE}RDiNG RETURN TO: ����G�u�n,►+wA
King County Parks
Attn: Jason Rich
201 S. Jadcson St., Suite 700 EXCISE TAX NOT REQUIR�G
Seattte,WA 98104 King County Reco ivis'
BY �P�Y
DOCUMENT TlT1E: Amendment to Temporary Construction Easement
GE�XIVTOR: Ci�y o�i�enfon
GRANTEE: King County
ABBREVlATED LEGAL SW'/., Sec. 13, Twn. 23, Rng.4
DESCRIPTiON•
ASSESS�R'S TAX PARCEL NO. 377920-0119 1323Q4-9Q12
377820-0115 132304-9024
377920-0117 132304-9088
377920-0116 13230�4-9t)89
PROJECT: �ake to Sound Trail Segmer�t A
AMENDMENT TO TEMPORARY CONSTRUCTION EA5EMEMT
This Amendme�t to Temporary Construction Easement replace.s Sections 1 and 3 of that
certain Temp�ary Construction Easement beivveen the City of Re.nton,Grantor, anc!tCng
County, Grantee,executed by#he City of Renton on January 26, 2017 and King Caunty on
December 27, 2016, recartl�as number 20170206000242.
The parties have�reed that Section 1 and 3 of the Temporary Construcfion Easemerrt should
be modified as hereinafter provided, now, therefore,
THE CITY OF RENTON AND K1NG COUNTY�ree as follows:
Secfi�ns 1 and 3 of the Temporary Constn.iction EasemeM are hereby repEaced writh the
follawing sections:
Section 1:
Grarrt of Temparary Const�uctton Easement:The Grantor,for and in c�ns�eration of the
benefit to the Rerrtan Communit�r of the Lake to Sound Trail, to the same extent and purposes
as if the�hts grant� had been acquired under the Eminerrt Domain Statute of the State of
Washington, hereby grants to Grantee a temporary constn,iction easemerEt on,across, and over
that portion of Grarrtrx's Pro�rty,together with the right to enter upon and have access to said
Easemerrt Area for the purpose of the Project work, and to take such otl�actions u�n the
Easement Area as are necessary andlrx convenient for the construdion af Gtantee's Projed.
Grarrtor understands that#he donation af a�r#ion of the prope.rty to iGng Caunty fo�public use
is made votuntarily and vv�th fuH kn�edge of er�titlement to receive jus#cximpensation in the
67
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Attachment A �
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forri�►af surface impr�vemerrts.Additionalfy� Cirantor understands that helthey have the right to
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request an appraisai of the property,and hereby�qive up that r�ht
i
The Grarrtor and Gr.antee are cur�ently in the process af negotiating a� Ir�#eragency Agreement � �
(IA)which will detail the rights and responsibilities of both parties including the construdion, �
mitigation, long-term capital, operafion and malntenance of the trail. Until this IA is complefe,
the County will comply with al!nales and regulations set fotth by the Grantor and its jurisdictibn. I
Section 3:
. i
Tertn:The(igh�s,�ie,prnn�+ages and au�honlies here6y grantecl shalT begin upon wfitfen No�ce i
of Constnfc�ion to the Granto�and sha�continue in force fa�ty-#as�(24)mon#hs frvm the ;
, date of the(Vc�#ice of Construation, or unGl executio�of the Interagency Agreement referreci to in �
Sedion 1 above,whidiever is la#er. '
i
It is un�stood and agr�d th�#the de(ivery of this Easement is tendered and that the terms
and obligatians hereof shall�ot become binding upon Grantee uNes"s a�d ur�t�a�ted and ';
approved i�writing by the Grantee,
i
Effect of Amer�dme.nt: Except as ex�ress(y modified by this instrument,all terms and condi�ons �
. of ttte Temporary Construction Easement shall remain in full force anc!effec#. ,
EXECUTED BY the Gity of Renton this ���' day of �u.-��____, 2017. '
GRANTOR:
Crty nton APPROVE AS TO F 1:
, .�.i�7ss�C � ^'�'r
BY' �„�u��,iiirrur 9y:
. Prin ame:Denis Law ``�..�� pF RFHa,+,,�,rir�ted Name: Shane Moloney
Title: : '� .a„��,n� � ., - ,
Dafe: j -'t,�,�•4``• n,,''•,���•, ':Citv Attomev
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GRAP{TEE: ' �+�''�i°R��TED SEp�6��`�� .. ' �
King County APPROVED AS TO FORM: �
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By: ���-����� (� � • i
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Printed Name. ��,�'�,.,,'��.�--@, � — �� "�'�' ,
��e. ��� �� 1 --T Printed Name: 13��` #�J�l�j
Date: ��� r Tttle: Courttv Atfomev � !
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. 68 �
Attachment A
Return Address:
King County
Department of Natural Resources & Parks
Parks and Recreation Division
201 S. Jackson St., Room 700
Seattle, WA 98104-3855
EXHIBIT F
Form of Restrictive Covenant
LAKE TO SOUND TRAIL SEGMENT A
RESTRICTIVE COVENANT
Grantor: City of Renton, a municipal corporation of the State of Washington
Grantee: King County, a political subdivision of the State of Washington
Full Legal Description: See Exhibit A to this Restrictive Covenant
Legal Description (abbr.): An area of land lying within those parcels described in
deeds filed under KC recording Nos. 199205201349, 199406302135 and 199301130109
all located in the S'/z of Sect. 13, T. 23 N. R. 4 E. W.M.
Assessor's Tax Parcel Nos.: 3779200119, 3779200118, 3779200117, 3779200116,
1323049024, 1323049012, 1323049088 and1323049089
This restrictive covenant for trail purposes ("Covenant") dated for convenience as
the_day of , 20 , and is made and executed by and between the City of
Renton, a municipal corporation of the State of Washington ("City") and King County, a
political subdivision of the State of Washington ("County"), effective on the last date
signed below.
RECITALS
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct on property owned by the
City a portion of what is known as Segment A of the Lake to Sound Trail, a segment of
trail within the Black River Riparian Forest extending from Naches Avenue SW in
Renton to the Green River Trail in Tukwila's Fort Dent Park. The portion of Segment A
within the boundaries of the City, subject to the Interagency Agreement, is known as the
"Project."
B. The City holds fee simple title to a portion of the Project, which portion is
legally described in Exhibit A attached hereto and incorporated herein by this reference
69
Attachment A
(the "Property").
C. The Interagency Agreement provides that, after construction by the
County and recording of this Covenant, the County will transfer ownership of the Project
improvements to the City. The County will provide long-term maintenance and
operation of the Project as a regional trail. However, the City will maintain the road
Right of Way and signals, including the new pedestrian-activated signal anticipated in the
Interagency Agreement.
D. The County represents that its construction of Segment A is in part with
County levy funds pursuant to King County Ordinance 17941, which authorizes use of
said funds to develop real property and rights of way for regional trails.
E. RCW 36.89.050 authorizes the County to construct a park or recreational
facility and transfer to a city the County's ownership interest in that facility provided
such transfer is "subject to the condition that either the facility shall continue to be used
for the same purposes or that other equivalent facilities within the [C]ounty shall be
conveyed to the [C]ounty in exchange therefor."
F. Segment A is a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound, and will provide
recreational and health benefits to residents of the City and the County.
G. The City agreed in the Interagency Agreement, and hereby further
acknowledges, that because the Property is a critical segment of the Lake to Sound Trail,
there are no equivalent facilities within the County that would serve the same purpose.
H. The City acknowledges that recording of this Covenant is a mechanism to
fulfill the obligations of RCW 36.89.050 and the Interagency Agreement.
AGREEMENT
FOR VALUABLE CONSIDERATION and other mutual benefits, the receipt and
sufficiency of which is hereby acknowledged, the City hereby binds itself, its successors
and assigns to the permanent restrictive covenants identified herein, which covenants
shall run with the land and burden the Property for the sole benefit of the County and the
County's interests in the other park, open space and trail facilities that make up the King
County system of parks, trails, and recreational facilities. The City and the County agree
that the County and its successors in interest shall have standing to enforce these
covenants. The City and the County further agree and declare that the covenants and
conditions contained herein shall bind and the benefits shall inure to, respectively, the
City and its successors and assigns and all subsequent owners of interests in the Property,
and to the County and its successors and assigns.
70
Attachment A
COVENANTS
L The City covenants that the Property shall be used in perpetuity for a
regional shared-use trail accessible to the general public on which bicycling, walking,
hiking, running, skating, and other non-motorized uses are allowed, which provides
recreational opportunities and enhances regional mobility(hereafter"Regional Trail") or
that other equivalent facilities shall be made in exchange therefore. The County
acknowledges that the provision to allow for equivalent facilities will allow for the
revision or realignment of road right of way and signal as may be needed or desired by
the City.
2. The City understands that the Property is part of the Lake to Sound Trail
and covenants that the City's Park Rules and Regulations apply to the Property except as
may be modified or supplemented by the following rules which the County intends to
apply across the entirety of the Lake to Sound Trail:
(a) No person shall cause a motorized vehicle to enter or operate upon
the Property without express permission of the City or the County.
(b) No person shall travel on the Property at a speed greater than is
reasonable and prudent under the conditions or in an otherwise negligent manner.
(c) No person shall camp on the Property.
(d) All persons must keep dogs or other pets or domestic animals on a
leash, and under control at all times. Any person whose dog or other pet is on the
Property shall be responsible for the conduct of the animal and for removing feces
deposited by such animal from the Property.
(e) No person shall allow his or her dog or other pet or domestic
animal to bite or in any way molest or annoy visitors to the Property or to bark
continuously or otherwise disturb the peace and tranquility of the Property.
(fl No person shall use tobacco products on the Property.
(g) No person shall leave rubbish or other material on the Property,
except in a garbage can or other receptacle designated for those purposes.
(h) No person shall enter or be present on the Property during hours
that the Regional Trail is closed except persons authorized by the City or the County.
(i) No person shall destroy or damage the Property. No person shall
disturb, injure or remove any vegetation or animal on the Property unless expressly
authorized to do so by the City or the County.
(j) No person shall enter or remain or loiter about the Property while
in a state of intoxication.
3. The City covenants that it will not transfer or convey the Property, or any
portion thereof, except by agreement providing that such lands shall continue to be used
for a Regional Trail.
4. The City covenants that it will not limit or restrict access to and use of the
Property by non-City residents in any way that does not also apply to City residents.
71
Attachment A
5. The City covenants that any and all user fees charged for use of the
Property for Regional Trail purposes, including charges imposed by any lessees,
concessionaires, service providers, and/or other assignees shall be at the same rate for
non-City residents as for City residents.
6. The City acknowledges that the County will record this Covenant in the
records of King County with the intent that it appear as notice on title of the Property.
7. Remedies. The County, its successors, designees, or assigns shall have the
following remedies against the City, its successors, designees, or assigns for violation of
this Covenant:
(a) Default. If the City fails to observe or perform any of the terms,
conditions, obligations, restrictions, covenants, representations or warranties of this
Covenant, and if such noncompliance is not corrected as after the County has provided
written notice and provided the City with a reasonable opportunity to comply, then such
noncompliance shall be considered an event of default.
(b) County's Remedies. In the case of the City's default, the County
shall be entitled to all remedies in law or in equity against the City, including without
limitation any rights: (1) to compel specific performance by the City of its obligations
under this Covenant, and (2) to restrain by injunction the actual or threatened commission
or attempt of a breach of this Covenant and to obtain a judgment or order specifically
prohibiting a violation or breach of this Covenant.
(c) Delay. Delay in enforcing the provisions hereof as to any breach
or violation shall not impair, damage or waive the right of the County to enforce the same
or obtain relief against or recover for the continuation or repetition of such breach or
violation or any other breach or violation thereof at any later time or times.
8. Indemnification. In addition to and separate from the remedy provisions
in Section 7 of this Covenant, each Party shall protect, defend, indemnify and save
harmless the other Party, its officers, officials, employees and agents while acting within
the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties,judgments, and/or damages of whatsoever kind ("Claims") arising out
of, or in connection with, or incident to the breach of any warranty under this Covenant
or the exercise of any right or obligation under this Covenant by the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise out of or
result from the other Party's own negligent acts or omissions. Each Party agrees that it is
fully responsible for the acts and omissions of its own contractors and franchisees, their
employees and agents, acting within the scope of their employment as such, as it is for
the acts and omissions of its own employees and agents. Each Party agrees that its
obligations under this paragraph extend to any Claim brought by or on behalf of the other
Party or any of its employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under Washington's
Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the
72
Attachment A
extent necessary to provide the indemnified Party with a full and complete indemnity of
Claims made by the indemnitor's employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
9. Notice. Notice shall be sent to:
King County: City of Renton:
Director's Office Parks and Trails Director
King County Department of Natural Community Services Department
Resources and Parks Renton City Hall, 6th Floor
Rm 700, King Street Center 1055 South Grady Way
201 S. Jackson Street Renton, WA 98057
Seattle, WA 98104
With a copy to: With a copy to:
King County Prosecuting Attorney's Office of the City Attorney
Office Attn: Senior Assistant City Attorney
Attn: Chief Civil Deputy 1055 South Grady Way
516 Third Avenue W400 Renton, WA 98057
Seattle, WA 98104
Any notices required to be given by the Parties shall be delivered at the addresses set
forth above. Any notices may be delivered (i)by personal service on the addressee of the
notice, (ii) by deposit with a nationally recognized overnight delivery service, or(iii) by
deposit as registered or certified mail in the United States mail, postage prepaid. Any
notice so posted in the United States mail shall be deemed received three (3) days after
the date of mailing. Any person delivering notice via an overnight delivery service shall
be responsible to confirm delivery.
10. Severabilitv. If any provision of this Covenant shall be invalid, illegal, or �
unenforceable, the validity, legality, or enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
11. Amendments. This Covenant shall be amended only by a written
instrument executed by the Parties hereto or their respective successors in title, and duly
recorded in the real property records of King County, Washington.
12. Governing Law. This Covenant shall be governed by the laws of the state
of Washington. Venue for any action concerning this Covenant shall be in King County,
Washington.
73
Attachment A
IN WITNESS WHEREOF, the City and the County have executed this Covenant
on the dates set forth below.
CITY OF RENTON, a
Washington State municipal corporation
By
Denis Law, Mayor
Dated: � Z �
Attest
\�������t�ui�r�rry
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Jason A. Se = = ���� �
City Clerk - �` - * -
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Approved as to Legal Form ''',A�j��'7��G''/'I����t��ti�}`t``` �h�•,�`
si����/p,�A;ED,g�q��,��;*
.��60""i"�i�L A�����
Shane Moloney
Renton City Attorney
KING CO Y, a
political su div sion o��e State of Washington
' � ��.,_,,.,_.._
By
Name G"1°�S� :Zu.�.-
Its r�-��ficv; 1-�� 1���e'�
Dated: 12/ 7 /7 L"�/�
74
Attachment A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING � )
I certify that I know or have satisfactory evidence that Denis Law is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Mayor of the C1TY OF RENTON, a
Washington State municipal corporation,to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: �_ 2., �,�1 �7ot'3 I�
```���e. t���r ���'.v��,'�G' ��..� �C-._1`'
�` �� �' ��'�J ��/ Notary Public
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STATE OF WASHINGTON )
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COUNTY OF KING )
I certi t at I know or have satisfactory evidence that
� � ` ��, , � ' is the person who appeared before me, and said person
acknowledged that he e igned this inst ent, on oath stated that h wa a�}y�horized to execute
the instrument and acknowledged it as the �/� �. ,/���/' of
KING COUNTY,a political subdivision of t e tate of Washin ton, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: (��(� �� �� �
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75
Attachment A
EXHIBIT A
LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL
CITY OF RENTON RESTRICTIVE COVENANT
AN AREA OF LAND FOR A RESTRICTIVE COVENANT LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH
31°50'12" EAST A DISTANCE OF 463.15 FEET TO A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG A 696.00 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 09°13'47"WEST
THROUGH A CENTRAL ANGLE OF 1°05'11" FOR AN ARC LENGTH OF 13.20 FEET;
THENCE ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH
A CENTRAL ANGLE OF 3°39'19" FOR AN ARC LENGTH OF 67.30 FEET; THENCE NORTH
84°41'05" EAST A DISTANCE OF 5.92 FEET; THENCE ALONG A 984.00 FOOT RADIUS
CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 05�19'54" WEST
THROUGH A CENTRAL ANGLE OF 8°11'54" FOR AN ARC LENGTH OF 140.80 FEET;
THENCE NORTH 76°28'11" EAST A DISTANCE OF 9.60 FEET; THENCE ALONG A 84.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20°12'19" FOR AN
ARC LENGTH OF 29.62 FEET; THENCE ALONG A 46.00 FOOT RADIUS REVERSE CURVE
TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44°32'45" FOR AN ARC LENGTH OF
35.76 FEET; THENCE ALONG A 44.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 24°20'26" FOR AN ARC LENGTH OF 18.69 FEET;
THENCE NORTH 76°28'11" EAST A DISTANCE OF 13.70 FEET; THENCE ALONG A 334.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 52°47'35" FOR AN
ARC LENGTH OF 307.75 FEET; THENCE ALONG A 516.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25°20'24" FOR AN ARC
LENGTH OF 228.21 FEET; THENCE NORTH 49°00'S9" EAST A DISTANCE OF 318.31 FEET;
THENCE ALONG A 2016.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 5�20'45" FOR AN ARC LENGTH OF 188.10 FEET; THENCE NORTH 54°21'45"
EAST A DISTANCE OF 105.83 FEET; THENCE ALONG A 2766.00 FOOT RADIUS CURVE
TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16°18'34" FOR AN ARC LENGTH OF
787.35 FEET; THENCE NORTH 70°40'19" EAST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 616.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE
OF 8°41'35" FOR AN ARC LENGTH OF 93.46 FEET; THENCE NORTH 79°21'S4" EAST A
DISTANCE OF 53.70 FEET; THENCE ALONG A 2516.00 FOOT RADIUS CURVE TO THE
RIGHT THROUGH A CENTRAL ANGLE OF 5°55'33" FOR AN ARC LENGTH OF 260.22
FEET; THENCE NORTH 85°17'28" EAST A DISTANCE OF 355.04 FEET; THENCE ALONG A
215.94 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 29°34'39"
FOR AN ARC LENGTH OF 111.47 FEET; THENCE SOUTH 65°07'54" EAST A DISTANCE OF
170.64 FEET; THENCE ALONG A 316.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 14°03'03" FOR AN ARC LENGTH OF 77.49 FEET; THENCE ALONG
A 284.00 FOOT RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 13°06'27" FOR AN ARC LENGTH OF 64.97 FEET; THENCE ALONG A 316.00 FOOT
76
Attachment A
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 49°48'36"
FOR AN ARC LENGTH OF 274.71 FEET; THENCE SOUTH 14°22'42" EAST A DISTANCE OF
395.48 FEET; THENCE SOUTH 75°37'18"WEST A DISTANCE OF 28.00 FEET; THENCE
NORTH 14°22'42"WEST A DISTANCE OF 395.48 FEET; THENCE ALONG A 288.00 FOOT
RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 49°48'36" FOR AN ARC
LENGTH OF 250.37 FEET; THENCE ALONG A 312.00 FOOT RADIUS REVERSE CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 13°06'27" FOR AN ARC LENGTH OF 71.38
FEET; THENCE ALONG A 288.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 14°03'03" FOR AN ARC LENGTH OF 70.63 FEET;
THENCE NORTH 65°07'54"WEST A DISTANCE OF 170.64 FEET; THENCE ALONG A 187.94
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 29°34'39" FOR AN
ARC LENGTH OF 97.02 FEET; THENCE SOUTH 85°17'28"WEST A DISTANCE OF 355.04
FEET; THENCE ALONG A 2488.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 5°55'33" FOR AN ARC LENGTH OF 257.33 FEET; THENCE SOUTH
79°21'S4" WEST A DISTANCE OF 53.70 FEET; THENCE ALONG A 588.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8°41'35" FOR AN ARC LENGTH
OF 89.21 FEET; THENCE SOUTH 70°40'19"WEST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 2738.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
16°18'34" FOR AN ARC LENGTH OF 779.38 FEET; THENCE SOUTH 54°21'45"WEST A
DISTANCE OF 105.83 FEET; THENCE ALONG A 1988.00 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 5°20'45" FOR AN ARC LENGTH OF 185.49 FEET;
THENCE SOUTH 49°00'S9" WEST A DISTANCE OF 318.31 FEET; THENCE ALONG A 488.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 25°20'24" FOR AN
ARC LENGTH OF 215.83 FEET; THENCE ALONG A 362.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23°45'S0" FOR AN ARC
LENGTH OF 150.14 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL OF LAND
DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO. 199704291916;
THENCE SOUTH 59°53'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 84.80 FEET;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 74°13'27" WEST A DISTANCE
OF 398.35 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF MONSTER
ROAD SW; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ON A 560.00 FOOT
RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 35°46'S2" EAST
THROUGH A CENTRAL ANGLE OF 4°39'39" FOR AN ARC LENGTH OF 45.55 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 116,710 SQUARE FEET MORE OR
LESS.
9�llfrf�
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77
Attachment A
CURVE TABLE LINE TABLE RIIDIAL BEAPoNG TABIE sF � '
WRVE NO DELTA RADIUS LEIrG1H LINE N0. BFARING DISL N0. BFN�ING SFFssti� /
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Parametrix LAKE TO SOUND TRAIL
14 13 s8T27't 8"E 13 �
CITY OF RENTON
�� 23 24 2692•�9' 24 RESTRICTIVE COVENANT
/ o N �oo� SHEET 1 OF 7 ,
SW 114 SECTION 13 T.23 N.� R.4 Ey ■•.M. ��� ���� DATE May i6,2018 FILE SV-1521-084_RESCOV EX A
78
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SW 114 SECTION 13 T.23 N., R.4 E.,W.M. DATE:May i6,2078 FILE:SV-1521-084_RES-COV EX A
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80
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SW 1/4 SECTION 13 T.23 N., R.4 E.,W.M. DATE:May 16,2018 FIIE:SV-1521-084_RESCOV EXA
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RESTRICTIVE COVENANT
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SW 114 SECTION 13 T.23 N., R.4 E.,W.M. DATE:May i6,2018 FILE:SV-1521-084_RESCOV EXA
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RESTRICTIVE COVENANT
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SW 114 SECTION 13 T.23 N., R.4 E.,W.M. DATE:May i6,2018 FILE:SV-1527-084_RESCOV EX A
83
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s�s3�'�s'w N��� RESTRICTIVE COVENANT
zs.00' 13Z3�4g08j�� S H E ET 7 O F 7
SW 114 SECTION 13 T.23 N., R.4 E.,W.M. � DATE:May 16,2018 FILE:SV-1521-084_RES-COV EX A
84
Attachment A
Return Address:
City Clerk
City of Renton
1055 South Grady Way
Renton, WA 98057
EXHIBIT G
Form of Bill of Sale
LAKE TO SOUND TRAIL SEGMENT A
QUIT CLAIM BILL OF SALE
Grantor: King County, a political subdivision of the State of Washington
Grantee: The City of Renton, a municipal corporation of the State of Washington
Legal Description (abbr.): SW 1/4, Sec. l3, Twn. 23, Rng. 4
Assessor's Tax Parcel No.: 3779200119, 3779200118, 3779200117, 3779200116,
1323049012, 1323049024, 1323049088 and 1323049089.
This Quit Claim Bill of Sale is made this_day of , 20_between King
County, a political subdivision of the State of Washington ("Grantor"), and the City of
Renton, a municipal corporation of the State of Washington ("Grantee") and collectively
referred to as "the Parties."
WITNESSETH:
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct a portion of what is known
as Segment A of the Lake to Sound Trail, a segment of trail traversing the Black River
Riparian Forest crossing Monster Road SW and passing under the railroad tracks into
Tukwila at Fort Dent Park. The portion of Segment A within the boundaries of the City,
subject to the Interagency Agreement, is known as "the Project".
B. The Interagency Agreement provides that, after construction of the Project
by the County and recording of a Restrictive Covenant by the City requiring the property
on which the trail was built to be used in perpetuity for a Regional Trail, the County will
transfer to the City ownership of the Project improvements located on or within real
property within the right of way for Monster Road SW ("Right of Way Property") legally
described in Exhibit A and figures shown in Exhibit B attached hereto and incorporated
herein.
85
Attachment A
C. All of the conditions and circumstances set forth in the Interagency
Agreement for transfer of ownership of the Project improvements have been met.
NOW THEREFORE, in consideration of the mutual covenants between the
Parties recited herein, the receipt and adequacy of which is hereby acknowledged,
Grantor hereby absolutely and unconditionally quitclaims, grants, sells, transfers,
releases, confirms and delivers to Grantee, all of Grantor's right, title and interest in and
to any and all Project improvements, fixtures, equipment, furnishings, and other tangible
property owned by Grantor and located on the property described in Exhibit A and
Exhibit B, including, but not limited to the following and their components: curbing,
catch basins, drains, inlets,piping, conduits, trenches, asphalt, concrete, signage, striping,
electrical components, fencing, lighting, base materials, piles, boardwalks, bollards,
markers, driveways, covers, frames, railings, retaining walls, rebar, wire fabric, and
landscaping("Improvements");
The Grantor and Grantee agree that the transfer and sale of the Improvements is
"as is where is" and that the Grantor makes no warranty nor representation express or
implied regarding the fitness, quality, design and condition, capacity, suitability or
performance of the Improvements.
Dated this � day of l�f��-,�.� l� , 2(Yd:
GRANTOR K1NG COUNTY GRANT E: CITY OF RENTON
�
�
BY: BY:
Denis Law
Its �1��(�������l`' Its Mayor
ATTEST:
, `
Jason A. eth, Cit � lerk
`���,�,����R���������
,�`�� RE '
y OF,�„��,,,,�rp�,,%
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86
Attachment A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certi y tl�at I know or have satisfactory evidence that
r` i 'f, '� is the person who appeared before me, and said
person acknow edge that he�signed this instrument, on oath stated that h� was
uthorized to ex cute /� t^h�/ i trument and acknowledged it as the
t '�C. �� /J�/V� � of KING COUNTY, a political
subdivision of th State of Washington, to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated: f ��� �1���(�
�'����- �, y'2___ f _
Notary Public �,, /
.���W..PF9 Print Name G�-S�f��'"" -��'�''1
� .•'�SION� �' .
Q;••'��S F�',o•��J. My commission expires � -- .�' Z- C�
at;o.� O 1'A 9;N
. A N;
�v�-���—r ,'
: pv81�c � y
: _:
9�°e �2°•'�c "
• �8-,2,.•.••c..
OF�WAcN`�
,<- _
(Use this space for notarial stamp/seal)
87
Attachment A
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person who
appeared before me, and said person acknowledged that he/she signed this instrument; on
oath stated that he/she was authorized to execute the instrument and acknowledged it as
the Mayor of the CITY OF RENTON, a Washington State municipal corporation,to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: I Ll 7.���►�
\���.,��»�����t i� c,----�-�3..-�v��.�1 zt �-(,1,�'-�.,<:-�'.
i
��� .�,�3�a �• I�p,� ��li Notary Public
_ �� ��a.����t�,i�� �, 1/� C'
..����s�on,,���_,, °S� i, Print Name �_�a.r1 d v� �T�. (,(r�z, t�
�
' :��a°T'''��.A'��'', �; My commission expires �'�(�1 -2.�f r�
; M,
.- s�+ .,, . .. 'r'= %
� � �
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(Use this space for notarial stamp/seal)
88
Attachment A
EXHIBIT "A"
LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL
CITY OF RENTON BILL OF SALE
AN AREA OF LAND FOR AN INTERLOCAL AGREEMENT BEING A PORTION OF THE
MONSTER ROAD SW RIGHT OF WAY LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF
RENTON, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 FROM WHICH THE
SOUTH QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 87°27'18" EAST A
DISTANCE OF 2692.79 FEET; THENCE NORTH 50°46'32" EAST A DISTANCE OF 352.59
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID MONSTER ROAD
SW AND TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED SEGMENT;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 81°58'12" EAST A DISTANCE OF 5.39
FEET; THENCE ALONG A 75.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 17°47'29" FOR AN ARC LENGTH OF 23.29 FEET; THENCE NORTH
64°10'43" EAST A DISTANCE OF 18.79 FEET; THENCE ALONG A 105.00 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 41°02'57" FOR AN ARC
LENGTH OF 75.23 FEET; THENCE SOUTH 74°46'20" EAST A DISTANCE OF 107.21 FEET;
THENCE ALONG A 5.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 96°10'47" FOR AN ARC LENGTH OF 8.39 FEET; THENCE NORTH 09°02'53"
EAST A DISTANCE OF 43.86 FEET; THENCE ALONG A 5.00 FOOT RADIUS CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 22°34'42" FOR AN ARC LENGTH OF 1.97
FEET; THENCE NORTH 13°31'49"WEST A DISTANCE OF 2.25 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LiNE OF SAID MONSTER ROAD SW; THENCE ALONG SAID
NORTHERLY RIGHT OF WAY LtNE ON A 560.00 FOOT RADIUS CURVE TO THE LEFT THE
CENTER OF WHICH BEARS NORTH 01°21'25" EAST THROUGH A CENTRAL ANGLE OF
3°53'25" FOR AN ARC LENGTH OF 38.02 FEET;THENCE ALONG A 42.00 FOOT RADIUS
CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 86°59'22" WEST
THROUGH A CENTRAL ANGLE OF 6°02'15" FOR AN ARC LENGTH OF 4.43 FEET;
THENCE SOUTH 09°02'53" WEST A DISTANCE OF 43.86 FEET; THENCE ALONG A 42.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 96°10'47" FOR
AN ARC LENGTH OF 70.50 FEET; THENCE NORTH 74°46'20"WEST A DISTANCE OF
107.21 FEET; THENCE ALONG A 68.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 41°02'57" FOR AN ARC LENGTH OF 48.72 FEET; THENCE SOUTH
64°10'43"WEST A DISTANCE OF 15.42 FEET TO A POINT ON SAID SOUTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW; THENCE ALONG SAID SOUTHERLY RIGHT OF
WAY LINE ON A 238.99 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH
BEARS NORTH 21°12'43" EAST THROUGH A CENTRAL ANGLE OF 12°38'43" FOR AN ARC
LENGTH OF 52.75 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 10,661 SQUARE FEET, MORE OR �ESS
89
Attachment A
TOGETHER WITH THE FOLLOWING DESCRIBED SEGMENT:
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 13; THENCE NORTH
31°50'12" EAST A DISTANCE OF 463.15 FEET TO A POINT ON SAID NORTHERLY RIGHT
OF WAY LINE OF MONSTER ROAD SW AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG A 696.00 FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 09°13'47"WEST
THROUGH A CENTRAL ANGLE OF 1°05'11" FOR AN ARC LENGTH OF 13.20 FEET;
THENCE ALONG A 1055.00 FOOT RADIUS COMPOUND CURVE TO THE LEFT THROUGH
A CENTRAL ANGLE OF 3°39'19" FOR AN ARC LENGTH OF 67.30 FEET; THENCE NORTH
84°41'05" EAST A DISTANCE OF 5.92 FEET; THENCE ALONG A 984.00 FOOT RADIUS
CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 05°19'54" WEST
THROUGH A CENTRAL ANGLE OF 8°11'54" FOR AN ARC LENGTH OF 140.80 FEET;
THENCE NORTH 76°28'11" EAST A DISTANCE OF 9.60 FEET; THENCE ALONG A 84.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20°12'19" FOR
AN ARC LENGTH OF 29.62 FEET; THENCE ALONG A 46.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44°32'45" FOR AN ARC
LENGTH OF 35.76 FEET; THENCE ALONG A 44.00 FOOT RADIUS REVERSE CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 24°20'26" FOR AN ARC LENGTH OF 18.69
FEET; THENCE NORTH 76°28'11" EAST A DISTANCE OF 13.70 FEET; THENCE ALONG A
334.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 52°47'35"
FOR AN ARC LENGTH OF 307.75 FEET; THENCE ALONG A 516.00 FOOT RADIUS
REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25°20'24" FOR AN
ARC LENGTH OF 228.21 FEET; THENCE NORTH 49°00'59" EAST A DISTANCE OF 318.31
FEET; THENCE ALONG A 2016.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 5°20'45" FOR AN ARC LENGTH OF 188.10 FEET; THENCE NORTH
54°21'45" EAST A DISTANCE OF 105.83 FEET; THENCE ALONG A 2766.00 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16°18'34" FOR AN ARC
LENGTH OF 787.35 FEET; THENCE NORTH 70�40'19" EAST A DISTANCE OF 221.54 FEET;
THENCE ALONG A 616.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 8�41'35" FOR AN ARC LENGTH OF 93.46 FEET; THENCE NORTH 79°21'54"
EAST A DISTANCE OF 53.70 FEET; THENCE ALONG A 2516.00 FOOT RADIUS CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 5°55'33" FOR AN ARC LENGTH OF 260.22
FEET; THENCE NORTH 85°17'28" EAST A DISTANCE OF 355.04 FEET; THENCE ALONG A
215.94 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 29°34'39"
FOR AN ARC LENGTH OF 111.47 FEET; THENCE SOUTH 65°07'54" EAST A DISTANCE OF
170.64 FEET; THENCE ALONG A 316.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 14�03'03" FOR AN ARC LENGTH OF 77.49 FEET; THENCE ALONG
A 284.00 FOOT RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 13°06'27" FOR AN ARC LENGTH OF 64.97 FEET; THENCE ALONG A 316.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 49°48'36"
FOR AN ARC LENGTH OF 274.71 FEET; THENCE SOUTH 14°22'42" EAST A DISTANCE OF
395.48 FEET; THENCE SOUTH 75°37'18"WEST A DISTANCE OF 28.00 FEET; THENCE
NORTH 14°22'42"WEST A DISTANCE OF 395.48 FEET; THENCE ALONG A 288.00 FOOT
RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 49°48'36" FOR AN ARC
LENGTH OF 250.37 FEET; THENCE ALONG A 312.00 FOOT RADIUS REVERSE CURVE TO
THE RIGHT THROUGH A CENTRAL ANGLE OF 13°06'27" FOR AN ARC LENGTH OF 71.38
FEET; THENCE ALONG A 288.00 FOOT RADIUS REVERSE CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 14°03'03" FOR AN ARC LENGTH OF 70.63 FEET;
90
Attachment A
THENCE NORTH 65°07'54"WEST A DISTANCE OF 170.64 FEET; THENCE ALONG A 187.94
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 29°34'39" FOR AN
ARC LENGTH OF 97.02 FEET; THENCE SOUTH 85°17'28"WEST A DISTANCE OF 355.04
FEET; THENCE ALONG A 2488.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 5°55'33" FOR AN ARC LENGTH OF 257.33 FEET; THENCE SOUTH
79°21'54" WEST A DISTANCE OF 53.70 FEET; THENCE ALONG A 588.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8°41'35" FOR AN ARC LENGTH
OF 89.21 FEET; THENCE SOUTH 70°40'19"WEST A DISTANCE OF 221.54 FEET; THENCE
ALONG A 2738.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
16°18'34" FOR AN ARC LENGTH OF 779.38 FEET; THENCE SOUTH 54°21'45"WEST A
DISTANCE OF 105.83 FEET; THENCE ALONG A 1988.00 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 5°20'45" FOR AN ARC LENGTH OF 185.49 FEET;
THENCE SOUTH 49�00'59" WEST A DISTANCE OF 318.31 FEET; THENCE ALONG A 488.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 25°20'24" FOR AN
ARC LENGTH OF 215.83 FEET; THENCE ALONG A 362.00 FOOT RADIUS REVERSE
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23°45'50" FOR AN ARC
LENGTH OF 150.14 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL OF LAND
DESCRIBED IN DEED FILED UNDER KING COUNTY RECORDING NO. 199704291916;
THENCE SOUTH 59°53'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 84.80 FEET;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 74°13'27"WEST A DISTANCE
OF 398.35 FEET TO A POtNT ON SAID NORTHERLY RIGHT OF WAY LINE OF MONSTER
ROAD SW; THENCE ALONG �AID NORTHERLY RIGHT OF WAY LINE ON A 560.00 FOOT
RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 35°46'S2" EAST
THROUGH A CENTRAL ANGLE OF 4°39'39" FOR AN ARC LENGTH OF 45.55 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED SEGMENT CONTAINING 116,710 SQUARE FEET MORE OR
LESS
THE TOTAL OF BOTH OF THE HEREIN DESCRIBED SEGMENTS CONTAINING 127,371
SQUARE FEET MORE OR LESS
rz���
��� �,
�!-F'8°F�x �
�� s
�'p� � 29286 0 �.��
�`,r B�tsTB4 4�"
SIO��� `A��SJ
91
Attachment A
WRVE TABIE UNE TABLE RADUIL BEARING TABLE IMERLOCAL AGR�MIEM AREAS s�c � �`'"`
CURVE NO DELTA RADIUS LENGiH UNE N0. BEARING DISf. N0. BEARING SEGMENT ARFA SFF y F T
C 1 1 T 4 7'2 9' 7 5.0 0 2 3.2 9 L 1 N 8 1'S 8'1 2'E 5.3 9 R 1 N 8 6'5 9'?2'W M O N S i E R R 0. 1 0,6 6 1 S Q. F T. FF r � �``'�
C2 96'10'47' S.00 8.39 L2 N6410'43'E 18.79 R2 N21'12'43'E RE]rWNING 116,710 SQ. FT. � ��/
/ �
C3 2734'42' 5.00 1.97 L3 N09'02'S3'E 43.86 R3 N09'13'47'W TOTAL NtFA 127,371 SQ. FT. '
� ,:/
�`.:i:'�`,
C4 353'25" 5�.00 38.02 L4 N1331'48'W 2.25 R4 N0519'54'W .�5 ;.:;;.�h� �
C5 6'02'15 42.00 4.43 L5 S�'02'S3'W 43.86 R5 N3546'52'E �5`L���`' � ������`I��,'��ho�°i o0
D ''�0 O� o :. �I' i
C6 1738'43' 238.99 52J5 L6 56410'43'W 15.42 �� �,'��y'�°c' xo ` � ������
C7 439'39' S60.00 45.55 L7 N7G28'11'E 9.60
'� :.;��
�:`:>.: >
C8 1'05�11' 696.00 13.20 L8 N76'28'11�E 13.70 A-LINE 17+76.45 ` ��$59'5355'�W
M �fIl rf�.1[1. p�ry� pffL� p� -LINE 102+65.48 � '� �
W LV�L1.7 OT.W L.7.V2 �=0��'S4w ��.�.:�.::..:�.��:::�� ,
N84 41�05"E i �10 11 ,,,:,:�� 84.80
C10 4432'45' 46.00 35.76 p_339'19" 5.92' L=140.80' �l ;:;::/
;;::::::::::... .
C11 2420'26' 44.00 18.69 R3 6�,30 R=984. ' ...:.::..:;.:
� \ L' � �' '�::::::.:::::::::..... ..
�a R=�055.00...::. �. . ENTERLJNE TRNL
T.P.O. . -:::';:;:;:;::;���.
9 +94.19 �::;::;::i.:::::;i.:;:::;:��321'W �9� APN 3779200090
APN 3779200150 B-��NE AFN 199704291916 ,z f���
R �� �� ���
I _ _�_ ���s / �+N --_.__ ��E� D,
. �� ,�� � APN 7229500310 N� "--- ��C, �oy w� �
9`�� -p� �.41'02�57' L4�z� �N 7229500281 �bR �j �
IPY 'y'� �s �=�5.23' � R1
/?�N�`Lti95�� /�� �, �� R-1�500'��¢q�.2 � �L3:;;;;`::`;.: C5
� T.P.0.6. � .:::::i::::;:;::::::.:'�'�,:.. 0 E 107 � >` � i �
/N31"50'12"E / C ..:::::::::::::::::i::::::i::: 14,�....:::::::��...•21 _ _
� ��:::::;;:;::;:::::::::..... � ::::;;:;..;; '°0 29286 .,c'
� 6.;��.;:::.'.' �n G �+ .�
463.15 �N �323049080 �,�.... �^ �P o
�/ 0 � R...,.. ,�" �� N�T"74 S20 `.:::::::.::.::::��O ��JONq�S�AN SJ�
� 49120 w �o�.-''�-� � •
- �N 2323� A=41'02'57' 21 �' .1�' cP EXHIBIT B
N50'46'32'E 1=48J2' Parametrix ��°��.
14 352.59' R=sa.00' LAKE TO SOUND TRAIL
13 S8T27'�a'� 13 � CITY OF RENTON
,� 24 2692•�9' 24 BILL OF SALE
o N �oo� SHEET 1 OF 7
SW 1/4 SECTION 13 T. 23 N., R.4 E.,W.M. ���=�0�� DATE:December�2,2016 FILE:SV-1527-0841LA-RENTON-Ri
92
Attachment A
e=5•zo'a�' / ''r.::fJ'
L=188.10' ; ���y I
/'>;�:� ..
R=2o�s.00' , ��ti0 �9 ,
� �� ''��h�O� I
INiQtLOG1L AGR�IEM AREAS ; ; �%'`�'� �
SEGYENT AREA � `
/� � s�F� �
�oNsr� Ro. to,ssi sQ. �r. �> �`�,sy ,
REI,INNING 116,710 SQ. FT. �/ �':::: ` y�c����
i�OTAL ARFA 127.371 SQ. FT. '�,���' >;.;;:�:�
�.....:..::
�
,.�`�,�' ;.:.;;',��:
��p�°'. xOO.:..:.,i��
���
� � ���
,•,�::"::::;:::�'
'�.':': .::::::`..::
� � CENTERUNE TRAIL �
� %�';;> ; �zl,z.11�
o� �
h�' �`�' o�' � R�L D, ,
�ry�;tiry�.`��.::: �e� APN 3779200119 ��c.�OF�A �
D �•���f ':.�,0�'� �C�� C�, �
,ryh'�,�,����p
�`.:;�� ��?�
s // — — �o� � 2g286�� �,o�
/::::�
s��sy/ ;:::::::: /�� ����ONq�s L AN s��
Sy��F�.�
r � � Parametrix
/ , ,/
�`' � /� EXHIBIT B
�� �
, �o� �' ��ti�'°��6 N LAKE TO SOUND TRAIL
,�.�, �:.:';::yh � / ,�o,O 9 0 100'
,yti��,�y ,� �,�,��,:�;-�,�e�yo�oa �� ,��0,1 CITY OF RENTON
, o�,��,�,�o�xo:::::;;�'o'��;:�,��: � �"=�oo� BILL OF SALE
� ���'� � SHEET 2 OF 7
/ � � I
.�:: y ` SW 1/4 SECTION 13 T. 23 N., R.4 E.,W.M. DATE:December 12,2016 FILE:SV-7521-084-ILA-RENTON-R1
93
Attachment A
/- � :;.-r:;:;;;
,.....
..�::::.�.....,...
� ./` `;::`:::.::;;:;;;::�..
. ���,y'
`. r":;:::.:::—:
;;:;;;:;.:......
,��yh"� ,r�'� ...�::..�
INiERLOGIL AGRFEWIINf ARFAS D'16 1�5 ,��
SEGIiIENT AREA �.'���660�.r�::;� :;':::::;:;� �s�
� � APN 3779200117
R .r�::.::''.::� � ���y
�IONSIFR R0. 10,661 SQ. FT. � y �
. ./�;;: ;;;;;:;::;:::;:�� \ ��
/ � F
RE�IAINING 116,710 SQ. FT. � � �
.�::;�:�:.: �
TOTAL AREA 127,371 SQ. FT. �
�:::::.,:::::�i.:.::
�
/' �r � '...::;/1�1���
�� /:;::;:;:�'`:;�/ ��.'I��,y�p0
�/ �.... .�: � �
� �� �
�/ �;;:;:`` "::..._ I
� �: .:::.�
�xp0 �° ENTERUNE TRAIL /zl� /�
� �� .. f
1�`''.:::::;:: .:
�� . �°�/'�::; ,/ (zEl. D,
y�,� oy� �,`� oF e� � �
� .::;:::i � '��,�C4' c c�
. �'� APN 3779200118 `� '
��g, �:::::::ti��:
��9'���0 �::.;;.: ` �`
p �,�� 6p0 ::::..... ... �
�, p1' .:: �
/ �`L �.. ;,:�::::: ct
�/.::::::;:;:::::::'/ �°p 29286 �.°
�0�`� I FJ' ��'C 1 S R E��� Q-�
f::`;:::....
`o�" ��' � Parametrix �l�NAL LAN� 5�
�:::� � '���� O� I
'���•�9�� I
i'� s � EXHIBIT B ,
`���s �-- o N �oo� LAKE TO SOUND TRAIL
�y�F�`��, � �'� 1"=100� CITY OF RENTON
� I BILL OF SALE
SHEET 3 OF 7
� SW 1/4 SECTION 13 T. 23 N. R.4 E. W.M.
f f DATE:December 12,2016 FILE:SV-1521-0841LA-RENTON-R1
94
Attachment A
��
WW
__
INiQtLOCAL AGREaIENT AREIIS y�
ww
SEGMEM AREA n n
MONSiER R0. 10,661 SQ. Ff. N79'21'54"E
REbWNING 116,710 SQ. fT. 53.70' p=5'55'33"�-
L=260.22'
TOTAL AREA 127,371 SQ. FL 35° -'� R=2516.00'�.,,^
��a 41 � � �.�::::'�'r:?;?::?::?::::;
�,93.46� ..r+::;::;::;:;:;:;:;:::::. ........
�.-�-'=-""�.X:;'
:�.--
g16.0� ,r"r4�'�;:::::::::: :::::::::=�""::�:.� :
_
, R, _�_,,,-�;;�, ;�"� �
, ,..
�.r...:::;:;:;;:;::::;;;:;:::::.. ::::.:�::::: : p=5'S5 33�
,,/ } p:::::;,`.".:..�;�,--�"'".... �-257.33
/ . 22�54:::::��: � D%�5� S79'21'54"W R=2488.00'
�� Ap�9 E::::�/'.:::::::..:.::::::::� `,a9.2'1 •53.70'
;:
-:.-. ..:..
� 58a•
�/ N�:;.:::>:;>'::.;:'''✓`::�� R- p0'
1a'S���' "'�ti2�5� �
D'16 �5 �.;.;;::'r�4A�9 f
� '�a1 �::;::;::::::'::.:::;>; .,..... S1� I �
�' 2�66��:?;;:;:; :''...::;::;:.;;::::::: /.2.//�. f E''
�' ��' �:::::::::::..::�y�' �
/ /::::: :: :::::::::::�� i RE� D,
�' ,r�'�5�8 � CENTERLJNE TRAIL APN 1323049024 �
./i:::>::�:::.. D' �,�g�a , ��.��o�1►A � (�
k�;:;�:� ` - �2�3��� I a
��� �
::: ::.�`' I
,/::::;i::i::::".::i::: �
,r"..:
�'i;:::;::::� �'�c`��c` �° 29286 �oc:
;;�' Fsyy� APN 3779200117 ���",r ��'G1 s T�g�'� ��
`� ���y �j�NAL LAN� SJ i
� Parametrix
/ \ EXHIBIT B
'^� LAKE TO SOUND TRAIL
o N �oo� CITY OF RENTON
� �°=�oo� BILL OF SALE
I� SHEET 4 OF 7
SW 1/4 SECTION 13 T. 23 N., R.4 E., •�.M. DATE:December 12,2016 FILE:SV-1521-0841LA-RENTON-R1
95
Attachment A
A=29'34'39'
� �, L=111.47'
w w R=215.94'
�� �������
uWi ai - - - �tty�y�
_ - --� _
• y5�
D=5�55�33 �--—APN 3779200117 N8517�28"E 355.04� .�:::::::::.—:;:;:;;::: �:;:—:::::::::::::.::.. �—_
_....,..�.—..:..:::.................................................................
_ =260.22' �-��.:::;:::;::;::.:::::;:;:;:::::::::;::;:::::;::;::_::»:;i:::`:::;.:;:;:;;:.;;:::::::;.:...:::`::;::':`::.�.:::..,� \
�� � ' �----:::;:::.�::::'"'�30+�:;:::::;:i::::;:_i:�=-=."".�.:..�-�.�;;i�:. ....:..:;::::::::::::::::::':"�... S
R=2516.00��..r.:::,,r �r:;::::::::i;::;::':;;::::::::::_=:"':.`::'::::::::::::::.::::::::::::::::::::::;:;;;:.:::::::::.:,,�;:�.... _ ;:;::.:-:,;:;:;;;;:...6Sp .
�"� ��s4
y...—
�
::::::::::::::::::::::::::........:::::..::::::::.:•:�::•::::::::. •:::::::: ::::.....J....... _:. ::.:::;:;:.:....
��...................... ._ ,r �_................ ,.��. 58517 28'W 355.04
..��*;:::-::;::::...:... ........ ....,.._—. ,....._:::r.�..— -.;:;::::......,.,....... ��
•,'�,:�:�':';::�i:�i:�=:�'i:?'�.�a�;;::�:.!r::—'r—.:':�"►."c�'��.;;:-�`:.;::�� ``,►:;�r:�:""`"y��;Y,��R�•
�'r"„�"':.:.�'��=5.�33� EMERLJNE TRAIL N6Sp�s�:::::.�'`�►
�;=_.....
'�y �=257.33'. I APN 1323049012 �_2g•34'39" ¢�' �''
��o�.
R_2488.00 � L=97.02'
� R=187.94'
APN 1323049024 ( /z����
— �sss
,��,��oF x p � �l
a
Parametrix
INiFRLOGIL AGREF]rIENT AREAS � '�°p� 29286 -a°4
SEG�IENT AREA ���aHqLs LAN�����
�orrsrfR Ro. ,o,ss, s4. �r. o N ,00�
REMNNING 116,710 SQ. FT. 1"=100� EXHIBIT B
�or'°'� 'v�` �2�,3» s4' �r LAKE TO SOUND TRAIL
CITY OF RENTON
BILL OF SALE
SHEET 5 OF 7
SW 1/4 SECTION 13 T. 23 N., R.4 E., •�.M. DATE:December 12,2016 FILE:SV-1521-084-ILA-RENTON-R1
96
Attachment A
y��������
���v�y INTQtLOCAI AGREDdENT AREIIS
- -= SEGI►IEM ARFA
��� UONSiEft R0. 10.661 SQ. FT.
� .�p�s4� `�\, RE]YWNING 116.710 SQ. Ff.
��:::;:;::�.:::;;:;:..'�,�1�0 �\ iDTAL ARFA 127,371 SQ. Ff.
Ns o� '��::::�, �•�¢b \\\
S¢�:;::;::�3� !�)) ,���� �\
�p�:;:;� , R�3, �9, a\ \
1 �
¢ �6'O�� �\��06" 'q,°i� �\
CENTERLJNE TRAIL ;' .�P`?8s�)?T° 3�j9?�j>> �\
D � �
4���0:::::;`::: ::::;.
� A=14'03'03' !�) 6'?j; �:. a� \.
�' L=70.63' �O,l �'J8' � ��rA. `\
\�� R=288.00• �?.p�, ;:;��P��o��A'���\ �
\ 1``�::�;:::;;:; � �>. �
�� APN 1323049012 ��'Op,� �~ �. ` (.Z.//�,��
�
\�. ��A,�:�;,: \. \� ��E� D,
� °� � � ` e� �
�.? s0 ���;:: '::;... �F'��°F c �
\` �� •�, C'....::::..:.::: ,�e
� � ///�
\ �Op. �6 '.;:.::::�::::::.
� ����� :: i �
\ y������
\ 5�. �:i:::� / � � ��
p� 29286 -�
Parametrix \` ����NALS LAN$SJ��
\♦ � `'' ,
� i �::,:: :�
� o N �oo� EXHIBIT B
LAKE TO SOUND TRAIL
1"=100� CITY OF RENTON
BILL OF SALE
SHEET 6 OF 7
SW 1l4 SECTION 13 T.23 N., R.4 E., •�.M. DATE:December 12,2016 FILE:SV-1521-0841LA-RENTON-R1
97
Attachment A
a,�::;':�`. APN , \ \
,p��`��� � 32�¢9�7?� �� IMERLOCAL A�IENT ARFAS
��? S� ��i'::;..`'::::.
�� '�>.�' . `..� /��� \ SEGMENT AREA
�o. �O `;:�?:.;:.;:. �' �� YONSfER R0. 10,661 SQ. FT.
� �t�`'y�j��•�1 /� \� ,9`9�OS? \ REbWWNING 116,710 SQ. FG Parametriu
R
\ �5`��c �';`'� \� �i�A9 �� TOTAL AREA 127,371 SQ. FT.
� `:`:�. � �
` \ 0 N 100'
\ �
♦ � �
\ � � 1"=100'
� �
�::: o. �
y o
.� ���� �
., .,
, � � ,zf� ,�
� .
,� \, �,E� D,
/ S14'22�42'E 395.48� \ `����F�A G��
� , '� \
� N 14 22'42"W 395.48 �::>;:;:;. ��
�
`:::� \ ' �
\ �°p� �, 29286 q �a��
�� CENTERUNE TRAIL ; .;:'1 \\� ���f NqLSLAN�SJ��
1
\ I
� �
� /' ,, � APN 1323049088
/
\� � �::.::::::
-� APN 1323049089 ; W EXHIBIT B
� LAKE TO SOUND TRAIL
� CITY OF RENTON
s�s3�'ts'w N��� BILL OF SALE
2a.00' 13Z3�4g08��� SHEET 7 OF 7
�
SW 114 SECTION 13 T.23 N., R.4 E.,W.M. � DATE:December 12,2076 FILE:SV-1521-084-ILA-RENTON-R1
98
Attachment A
Exhibit H
ENCUMBRANCES ON CITY'S REAL PROPERTY
LAKE TO SOUND TRAIL PROJECT
Exceptions on Limited Liability Guarantee No. 40207503-1-E, Not Split Out Per Parcel:
No. Description:
11� Reservations contained in deed from the State of Washington recorded under
Recording No. 5780049, reserving to the grantor all oil, gases, coal, ores, minerals,
fossils, etc., and the right of entry for opening, developing and working the same, and
providing that such rights shall not be exercised until provision has been made for full
payment of all damages sustained by reason of such entry.
Right of State of Washington or its successors, subject to payment of compensation
therefor, to acquire rights-of-way for private railroads, skid roads, flumes, canals,
water courses or other easements for transporting and moving timber, stone, minerals
and other products from this and other land, as reserved in deed referred to above.
12 Reservations of Mineral Rights:
Reserved by: Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Recorded: February 20, 1980, September 30, 1980 and October 21, 1981
Recording Nos.: 8002220257, 8009300609, 8009300611 and 8110210021
Note: no examination was made to determine the present record owner of the above
minerals, or mineral lands and appurtenant rights thereto, or to determine matters
which may affect the land or rights so reserved.
13 Reservations of all minerals, including, but not limited to, coal, iron, natural gas and
oil, together with the right to explore for and dispose of said minerals.
Reserved by: Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Recorded: June 6, 1983
Recording Nos.: 8306060006 and 8306060007
Note: no examination was made to determine the present record owner of the above
minerals, or mineral lands and appurtenant rights thereto, or to determine matters
which may affect the land or rights so reserved. •
16 Easement and the Terms and Conditions Thereof:
Grantee: King County
Purpose: Construction and maintenance of a wing wall
� The Exception numbers in this Appendix are the same as those in the Limited Liability Guarantee No. 40207503-
1-E,issued by Title Resources Guaranty Company through CW Title Company,dated March 7,2018.
99
Attachment A
Area affected: A portion of said premises
Recorded: March 5, 1970
Recording No.: 6626569
21 All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, disclosed by the unrecorded Plat of Renton Shorelands Second Supplemental.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property.
22 All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any, disclosed by the Lot Line Adjustment recorded under Recording No.
8312229001.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property.
24 Restrictive Covenant and the Terms and Conditions Thereof:
Recorded: June 30, 1994
Recording No.: 9406302136
Regarding: Shoreline public use, recreation purposes and habitat conservation
26 Agreement and the Terms and Conditions Thereof:
Recorded: January 5, 1983
Recording No.: 8301050539
Regarding: Rezoning, easements for greenbelt, open space, wildlife habitat, flood
control, access and utility lines
27 Common Area Cost-Sharing Agreement and the Terms and Conditions Thereof:
Recorded: July 23, 1990
Recording No.: 9007230853
28 Agreement and the Terms and Conditions Thereo£
Recorded: May 20, 1992
Recording No.: 9205201351
Regarding: Access
100
Attachment A
29 Deed of Right to Use Land for Conservation Purposes and the Terms and Conditions
Thereof:
Between: City of Renton
And: State of Washington
Recorded: July 20, 1995
Recording No.: 9507201120
33 Matters set Forth by Survey:
Recorded: May 22, 2000
Recording No.: 20000522900004
34 Private easements rights, if any, of adjacent owners over vacated streets and alleys;
unrecorded, common law, private easement rights may persist despite cessation of
public easement by: 1)non-user statute, RCW 36.87.090; or 2)by vacation or release
of public interest.
35 Any restrictions on the use of the land resulting from the rights of the public or riparian
owners to use any portion which is now, or has been, covered by water.
Exceptions on Limited Liability Guarantee No. 40207503-1-E, Parcel Specific and
Depicted on Appendix Map:
No. Description:
14 Easement Disclosed by Instruments and the Terms and Conditions Thereof:
Purpose: Storm sewer drainage and natural gas pipeline
Area affected: A portion of said premises
Recorded: October 25, 1960 and August 28, 1964
Recording Nos.: 5216161 and 5780049
Shown on the Appendix Map as Title Exception No. 14, the pink double dash line,
and note 4.
15 Easement Disclosed by Instruments and the Terms and Conditions Thereof:
Grantee: King County Drainage District No. 1
Purpose: Drainage ditch
Area affected: A portion of said premises
Recorded: October 25, 1960 and August 28, 1964
Recording Nos.: 5216161 and 5780049
101
Attachment A
Shown on the Appendix Map as Title Exception No. 15, the pink double dash line,
and note 4.
17 Easement and the Terms and Conditions Thereo£
Purpose: 65-foot Strip Right-of-Way for ingress and egress
Area affected: A portion of said premises
Recorded: February 22, 1980
Recording No.: 8002220257
Shown on the Appendix Map as Title Exception No. 17, the black cross-hatch area,
and note 4.
18 Easement and the Terms and Conditions Thereo£
Purpose: 65-foot Strip Right-of-Way for Railroad purposes
Area affected: A portion of said premises
Recorded: October 21, 1981
Recording No.: 8110210021
Shown on the Appendix Map as Title Exception No. 18, the black cross-hatch area,
and note 1.
19 Easement and the Terms and Conditions Thereof:
Purpose: 60-foot Strip Right-of-Way for ingress, Egress and Utilities
Area Affected: A Portion of Said Premises
Recorded: November 15, 1988
Recording No.: 8811151497
Shown on the Appendix Map as Title Exception No. 19, the purple hatch area, and
note 2.
20 Easement and the Terms and Conditions Thereof:
Grantee: King County
Purpose: Temporary construction for the Lake to Sound Trail
Area affected: A portion of said premises
Recorded: February 6, 2017
Recording No.: 20170206000242
Shown on the Appendix Map as the black dash line and note 5.
102
Attachment A
23 All covenants, conditions, restrictions, reservations, easements or other servitudes, if
any,disclosed by the Lot Line Adjustment recorded under recording no. 9205219005.
Limited Liability Guarantee No. 40207503-1-E did not insure that the City's Real
Property is benefited by easements, covenants or other appurtenances shown on the
plat or survey to benefit or burden real property outside the boundaries of the City's
Real Property. (Affects: Parcel A)
Shown on the Appendix Map as Title Exception No. 23, the 60-foot easement in
purple hatch area, the blue hatch area, and note 3.
25 Agreements Contained in Instruments and the Terms and Conditions Thereof:
Recorded: February 22, 1980, Apri124, 1980 and September 30, 1980
Recording Nos.: 8002220257, 8004240435, 8009300609 and 8009300611
Regarding: Maintenance fees
Shown on the Appendix Map as Title Exception No. 25, the black cross-hatch area,
and note 3.
30 Matters set Forth by Survey:
Recorded: January 30, 1980
Recording No.: 8001309003
Shown on the Appendix Map as Title Exception No. 30, the black cross-hatch area,
and the pink double dash line.
31 Matters set Forth by Survey:
Recorded: October 8, 1980
Recording No.: 8010089004
Shown on the Appendix Map as Title Exception No. 31, the black cross-hatch area,
and the pink double dash line.
32 Matters set Forth by Survey:
Recorded: October 8, 1980
Recording No.: 8010089005
Shown on the Appendix Map as Title Exception No. 32 and the black cross-hatch
area.
Other Encumbrances Not Specified on Limited Liability Guarantee No. 40207503-1-E:
Possible drainage onto the City's Real Properties via daylighted culvert(s), 12" clay pipe(s), or
other pipe(s) from properties to the north of the Right-of-Way for Railroad purposes, shown on
the Appendix Map as the black hatch area.
103