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HomeMy WebLinkAboutA 20080425001357 •
Return Address:
•
City Clerk's Office
City of Renton
1055 S. Grady Way 20080425001357
Renton,Washington 98055 HALINEN EAS 55.00
PAGE001 OF 014
04/25/2008 13:10
KING COUNTY, WA
Please print or type information
Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in)
1. EMERGENCY ACCESS AGREEMENT
Reference Number(s) of Related Documents: N/A
Grantor(s) (Last name, first name, initials)
1.CITY OF RENTON, a municipal corporation of the State of Washington
2.
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
I.AnMarCo, a general partnership
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block,plat or section, township, range)
PTN.GOV.LTS 4,5,6 AND 7,SW1/4Ne1/4,SEC. 17,TWP.23 N.RNG. 5E,WM.
Additional legals are on Exhibits A,B and C of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax#not yet assigned
172305-9013-05 and 172305-9026-00
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
NO'S IREQ T ll
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EMERGENCY ACCESS AGREEMENT
This EMERGENCY ACCESS AGREEMENT (this "Agreement") is made and
entered into effective this 10th day of April, 2008 by and between the CITY OF RENTON
("City"), a municipal corporation of the State of Washington, and ANMARCO, a general
partnership ("AnMarCo"), with respect to the following facts.
RECITALS
A. The City is the owner of the real property commonly referred to as the "Cedar
River Park",which is legally described on Exhibit A, attached(the "Park Property").
B. AnMarCo is the owner of the real property that is legally described on Exhibit
B, attached, which lies south of and abuts a part of the Park Property (the "AnMarCo
Property").
C. The common boundary between the Park Property and the AnMarCo Property
is referred to in this Agreement as the"Common Boundary".
D. The AnMarCo Property, which is the site of Stoneway Concrete's former
concrete batch plant (a plant that was removed from the AnMarCo Property a few year years
ago pursuant to a negotiated agreement among the City, AnMarCo and Stoneway Concrete),
still has certain remaining industrial uses that are consistent with the City's Aquifer Protection
Ordinance. The City desires to have the AnMarCo Property redeveloped and the remaining
industrial uses eliminated and, to encourage that end, has zoned the AnMarCo Property
Commercial/Office/Residential (COR 1).
E. In 2005, the City constructed a public road entrance into the Park Property
(across abutting lands dedicated to the City by AnMarCo as public street right-of-way under
King County Recording Nos. 20060515000366 and 20060515000380 and dedicated by the
City as public street right-of-way under King County Recording No. 20050418000001--
collectively, the "Public Road Right-of-Way"). That public road and Public Road Right-of-
Way front along the easterly portion of the AnMarCo Property's north-central boundary and
are available for access to and from the AnMarCo property as well as to and from the Park
Property. The City has also constructed within the Park Property (for public use by park
patrons, City vehicles and emergency vehicles) a parking lot and driveway system to the west
of the Public Road Right-of-Way along the north side of the Common Boundary.
F. In this Agreement, for the benefit of the City and AnMarCo and on the terms
set forth below, both the City and AnMarCo wish to agree upon:
(1) The location of a corridor for future emergency vehicle access from the
west end of the Public Road Right-of-Way through the Park Property
driveway system to a defined location along a portion of the Common
EMERGENCY ACCESS AGREEMENT--Page 1
A I
Boundary in order to encourage redevelopment planning,
redevelopment construction and use of the AnMarCo Property with that
emergency vehicle access corridor as a predicate and to thereby help
encourage and hasten the elimination of the remaining industrial uses
on the AnMarCo site;
(2) Installation within the Corridor by AnMarCo of a paved emergency
vehicle access lane between the Common Boundary and the existing
paved driveway lying within the Corridor not later than the point in
time that the portion of the AnMarCo Property adjacent to the Common
Boundary is redeveloped; and
(3) Installation by AnMarCo of removable bollards, a gate or other means
of preventing all but emergency vehicles from driving across the
Common Boundary at the location of the corridor connection not later
than the point in time that the portion of the AnMarCo Property
adjacent to the Common Boundary is redeveloped.
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained
herein, the parties agree as follows:
1. Agreement as to Location of the Emergency Vehicle Access Corridor. The
parties agree that a minimum 25-foot wide emergency vehicle access corridor through the
Park Property between the west end of the Public Road Right-of-Way and the location of the
connection of that corridor to the AnMarCo Property shall henceforth and perpetually exist
and be located as legally described on attached Exhibit C (the "Corridor") for emergency
vehicle ingress and egress to and from the AnMarCo Property. The Corridor is depicted and
labeled as the "25-FT WIDE EMERGENCY ACCESS CORRIDOR"on the 8-1/2-inch by 14-
inch size "Emergency Access Layout Exhibit Map"that is attached hereto as Exhibit D.
2. Installation of Segment of Paved Emergency Vehicle Access Lane.
AnMarCo and the City acknowledge that the AnMarCo Property may be redeveloped in
phases. Not later than the point in time that redevelopment of any phase or part of the
AnMarCo Property that lies adjacent to the connection of the Corridor to the AnMarCo
Property is completed, AnMarCo shall install within the Corridor a paved emergency vehicle
access lane between the Common Boundary and the existing paved driveway lying within the
Corridor.
3. Installation of Means of Preventing All But Authorized Emergency
Vehicle Access. Not later than the point in time that redevelopment of any phase or part of
the AnMarCo Property that lies adjacent to the connection of the Corridor to the AnMarCo
Property is completed, AnMarCo shall install removable bollards, a gate or other means of
preventing all but authorized emergency vehicle access from driving across the Common
EMERGENCY ACCESS AGREEMENT--Page 2
t i
Boundary at the location of the Corridor connection in accordance with applicable Renton
Fire Department standards/requirements.
4. Agreement to Run With the Land. This Agreement and all of its provisions
touch and concern the land and shall run with the land, benefitting and burdening both the
Park Property and the AnMarCo Property.
5. Effect of Successors. This Agreement and all of the terms and provisions
hereof shall inure to the benefit of and be binding upon the heirs, executors, personal
representatives, successors and assigns of the parties hereto.
6. Partial Invalidity. If any provision of this Agreement is, becomes, or is
deemed illegal, such provision shall be deemed amended to conform to applicable laws so as
to be valid and enforceable, or, if it cannot be so amended without materially altering the
intention of the parties, it shall be stricken and the remainder of this Agreement shall remain
in full force and effect.
7. Entire Agreement. This Agreement contains the entire agreement between
the parties relative to the subject matter contained herein and correctly sets forth the rights,
duties, and obligations of the parties. No oral representations or modifications regarding this
Agreement shall have any force.
8. Headings. The section and paragraph headings in this Agreement are for the
convenience of the parties only and are not intended to modify or define it in any way.
9. Negotiation and Construction. This Agreement and each of its terms and
provisions have been explicitly negotiated between the parties, and the language in all parts of
this Agreement will, in all cases, be construed according to its fair meaning and not strictly for
or against either party.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as
of the day and year first above written.
CITY 0 ' RENTON
By:
De is Law, Mayor
Attest: J. (Alto-et-)
Bonnie Walton, City Clerk
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Approve to Form: R f Nf
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Lawrence J. Warren, City Attorney SF A
EMERGENCY ACCESS AGREEMENT--Page 3 ';,�",,`{..• ••__,
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ANMARCO a general partnership
By: \(-\,-\\ L .,__,
Gary Merlino, Partner
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that on the 2-3(J day of 4/\ , 2008 DENIS LAW appeared before
me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal
corporation that executed the within and foregoing instrument and acknowledged the said instrument
to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and
stated that the seal affixed, if any, is the corporate seal of said City.
Dated: (12__ (Z-10 OF _..,.•NA1‘1UII1
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Name(prin ffi'\)/4/Vt_Q / Pb Notary Public pZ
Title _ n��t �G.z=
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My Appointment Expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person
who appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as a partner of AnMarCo, a general
partnership,to be the free and voluntary act of such partnership for the uses and purposes mentioned in
the instrument.
Dated: 4pv ' l l 2_0 0 8 ,Q t" Wq( ill
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EMERGENCY ACCESS AGREEMENT--Page 4
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EXHIBIT A
Legal Description of the "Park Property"
A PORTION OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 4 AND
GOVERNMENT LOT 7, AND THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE PACIFIC
COAST RAILROAD COMPANY'S RIGHT OF WAY WITH THE CENTERLINE
PRODUCED NORTH 81°56' EAST OF FIRST AVENUE NORTH, SHOWN AS COUNTY
ROAD ALONG THE SOUTHERLY LINE OF CAR WORKS ADDITION TO RENTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE
47, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 23°38'45" WEST ALONG THE EASTERLY LINE OF SAID RAILROAD
RIGHT OF WAY 38.76 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF A
COUNTY ROAD AND THE TRUE POINT OF BEGINNING, WHICH POINT IS MARKED
BY A CONCRETE MONUMENT;
THENCE ALONG SAID COUNTY ROAD LINE NORTH 86°12' EAST 99.82 FEET TO A
POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 286.48 FEET, WHICH POINT
IS IN THE SOUTHWESTERLY LINE OF MAPLE VALLEY ROAD;
THENCE CONTINUING ON SAID SOUTHWESTERLY LINE OF SAID CURVE TO THE
RIGHT AND PARALLEL WITH THE CENTERLINE OF SAID MAPLE VALLEY ROAD,
180.45 FEET;
THENCE CONTINUING ALONG SAID MAPLE VALLEY ROAD LINE SOUTH 41°25'
EAST 1228.45 FEET TO THE NORTH SIDE OF A FENCE MARKING THE NORTHERLY
LINE OF A TRACT OF LAND LEASED TO STONEWAY DOCK COMPANY, A
CORPORATION, BY INSTRUMENT DATED MARCH 1, 1937 AND RECORDED UNDER
RECORDING NUMBER 2994387; SAID POINT BEING DESIGNATED AS MONUMENT
NO. 1;
THENCE ALONG THE NORTHERLY SIDE OF SAID FENCE LINE SOUTH 47°32'30"
WEST 273.25 FEET TO MONUMENT NO. 2;
THENCE SOUTH 88°26'00"WEST 251.95 FEET TO MONUMENT NO. 3;
THENCE SOUTH 39°24'35" WEST 73.20 FEET TO MONUMENT NO. 4;
THENCE NORTH 79°04'40" WEST 176.04 FEET TO MONUMENT NO. 5;
THENCE SOUTH 27°58'20"WEST 400 FEET, MORE OR LESS, TO THE SOUTHERLY
BOUNDARY OF SAID GOVERNMENT LOT 4;
Page 1
I s
THENCE NORTHWESTERLY ALONG SAID GOVERNMENT LOT LINE 980 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF THE PACIFIC COAST RAILROAD
COMPANY'S RIGHT OF WAY;
THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE 1,350 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF SEATTLE BY
DEED RECORDED UNDER RECORDING NUMBER 6013616;
EXCEPT THOSE PORTIONS CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER RECORDING NUMBERS 5137511 AND 9008280491;
EXCEPT THAT PORTION THEREOF CONDEMNED FOR RIGHT OF WAY BY THE
STATE OF WASHINGTON IN KING COUNTY SUPERIOR COURT CAUSE NO. 760503
ON MAY 19, 1975;
AND EXCEPT THAT PORTION APPROPRIATED FOR PUBLIC RIGHT OF WAY
PURPOSES AS DESCRIBED IN INSTRUMENT UNDER RECORDING NUMBER
20050418000001.
Page 2
• I I 1
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EXHIBIT B
Legal Description of the"AnMarCo Property"
THOSE PORTIONS OF GOVERNMENT LOTS 4,6,AND 7,BEING A PORTION OF THE
SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 17,TOWNSHIP 23
NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,KING COUNTY WASHINGTON,DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION
17;
THENCE NORTH 89°45'17"WEST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,
A DISTANCE OF 1325.66 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7;
THENCE SOUTH 01°08'15"WEST,ALONG THE EAST LINE OF GOVERNMENT LOT 7,A
DISTANCE OF 561.54 FEET TO THE SOUTHEAST CORNER OF THAT STRIP OF LAND
CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NUMBER
20070716001845, RECORDS OF KING COUNTY,WASHINGTON AND THE POINT OF
BEGINNING;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY MARGIN OF SAID STRIP OF LAND THE
FOLLOWING COURSES AND DISTANCES;
THENCE NORTH 43°36'56"WEST A DISTANCE OF 45.84 FEET;
THENCE NORTH 45°13'07"WEST A DISTANCE OF 162.69 FEET;
THENCE NORTH 45°01'03"WEST A DISTANCE OF 71.93 FEET;
THENCE NORTH 44°48'32"WEST A DISTANCE OF 43.14 FEET;
THENCE SOUTH 44°34'17"WEST A DISTANCE OF 18.55 FEET;
THENCE NORTH 45°2513"WEST A DISTANCE OF 97.58 FEET;
THENCE NORTH 44°37'55"EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 44°56'28"WEST A DISTANCE OF 33.44 FEET;
THENCE NORTH 44°05'34"WEST A DISTANCE OF 53.75 FEET;
THENCE SOUTH 45°14'28"WEST A DISTANCE OF 3.00 FEET;
THENCE NORTH 44°05'34"WEST A DISTANCE OF 10.00 FEET;
\ 5:\PROJECTS\06075\CORRSPNC\SHORT PEAT LEGAL DESCRIPTION.doC
/ASSOCIATES t21 t2 115"Avenue NE IUrkiand,Washington 98034-9623
ZK�1�lLi3i�J1 425.821.8448.800.488.0756-Fax 425.821.3481
VMw•tnadassocuees.net
Land Development Consultants
Page 1
THENCE NORTH 45°14'28"EAST A DISTANCE OF 3.00 FEET;
THENCE NORTH 44°05'34"WEST A DISTANCE OF 58.64 FEET;
THENCE NORTH 43°03'39"WEST A DISTANCE OF 81.48 FEET;
THENCE NORTH 42°20'14"WEST A DISTANCE OF 9.80 FEET;
THENCE SOUTH 47°24'25"WEST A DISTANCE OF 3.04 FEET;
THENCE NORTH 42°28'13"WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 47°24'25"EAST A DISTANCE OF 3.02 FEET;
THENCE NORTH 42°20'15"WEST A DISTANCE OF 30.15 FEET;
THENCE SOUTH 47°56'38"WEST A DISTANCE OF 2.00 FEET;
THENCE NORTH 42°03'22"WEST A DISTANCE OF 15,04 FEET;
THENCE NORTH 47°56'38"EAST A DISTANCE OF 2.00 FEET;
THENCE NORTH 41°42'44"WEST A DISTANCE OF 52.17 FEET;
THENCE NORTH 86°11'31"WEST A DISTANCE OF 19.84 FEET TO THE SOUTHEASTERLY
MARGIN OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF RENTON BY DEED
RECORDED UNDER RECORDING NUMBER 20060515000366, RECORDS OF KING COUNTY,
WASHINGTON;
THENCE SOUTHWESTERLY,ALONG THE SOUTHEASTERLY MARGIN OF SAID PARCEL AND
THE SOUTHEASTERLY MARGIN OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF
RENTON BY DEED RECORDED UNDER RECORDING NUMBER 20060515000380 RECORDS OF
KING COUNTY,WASHINGTON,THE FOLLOWING COURSES AND DISTANCES;
THENCE SOUTH 47°51'06"WEST A DISTANCE OF 34.62 FEET;
THENCE NORTH 42°08'54"WEST A DISTANCE OF 10.48 FEET ;
THENCE SOUTH 47°51'06"WEST A DISTANCE OF 3.44 FEET;
THENCE SOUTHWEST ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 394.50 FEET THROUGH A CENTRAL ANGLE OF 04°35'04",A DISTANCE OF 31.56
FEET.
THENCE NORTH 37°33'54"WEST A DISTANCE OF 4.50 FEET;
THENCE SOUTHWEST ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT THE
CENTER OF WHICH BEARS NORTH 37°33'54"WEST HAVING A RADIUS OF 390.00 FEET
THROUGH A CENTRAL ANGLE OF 18°0811",A DISTANCE OF 123.45 FEET;
THENCE LEAVING SAID SOUTHEASTERLY MARGINS SOUTH 47°51'38"WEST A DISTANCE OF
31.45 FEET;
Page 2
1
•
THENCE SOUTH 88°45'08"WEST A DISTANCE OF 251.95 FEET;
THENCE SOUTH 39°43'43"WEST A DISTANCE OF 73.20 FEET;
THENCE NORTH 78°4512"WEST A DISTANCE OF 176.04 FEET;
THENCE SOUTH 28°17'28"WEST A DISTANCE OF 410.47 FEET,MORE OR LESS,TO THE
ORDINARY HIGH WATER LINE OF THE RIGHT BANK OF THE CEDAR RIVER;
THENCE EASTERLY,ALONG SAID ORDINARY HIGH WATER LINE,TO A POINT ON THE EAST
UNE OF SAID GOVERNMENT LOT 7 WHICH BEARS SOUTH 1°08115"WEST FROM THE POINT
OF BEGINNING;
THENCE NORTH 01°0815"EAST A DISTANCE OF 204.49 FEET TO THE POINT OF BEGINNING.
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Page 3
EXHIBIT C
Legal Description of the"Corridor"
That portion of Government Lot 7 in the Southeast Quarter of Section 17,
Township 23 North, Range 5 East, W.M., City of Renton, King County,
Washington, described as follows:
COMMENCING at the Southeast Corner of said Southeast Quarter of Section 17;
Thence North 89°56'36" West along the South line of said Southeast Quarter a
distance of 2660.50 feet to the South Quarter Corner of said Section 17;
Thence North 01°14'07" East along the West line of said Southeast Quarter, a
distance of 2314.17 feet to it's intersection with the Northwesterly line of a parcel
of land described and depicted on King County Record of Survey filed under
Recording Number 20070326900001;
Thence North 28417'28" East along said Northwesterly line a distance of 205.09
feet to the Northwest Corner of said parcel;
Thence South 78°45'32" East along said North line a distance of 59.74 feet to the
POINT OF BEGINNING.
Thence North 08°41'08"West a distance of 87.40 feet to a point on a curve having
a radius of 237.50 feet, the radial center of which bears North 03°37'04"West;
Thence Easterly along the arc of said curve, through a central angle of 37°28'44",
a distance of 155.36 feet;
Thence North 48°54'12" East a distance of 26.07 feet;
Thence South 41°05'48" East a distance of 96.77 feet to the beginning of a curve
to the left having a radius of 27.50 feet;
Thence along the arc of said curve, through a central angle of 49°46'08", a
distance of 23.89 feet;
Thence North 89°08'04" East a distance of 79.12 feet to the beginning of a curve
to the left having a radius of 347.50 feet;
Thence along the arc of said curve, through a central angle of 13°33'49", a
distance of 82.26 feet;
Thence South 14°25'45" East along a line radial to last said curve, a distance of
25.00 feet to a point on a curve having a radius of 372.50 feet;
Thence Westerly along said curve, through a central angle of 13°33'49", a
distance of 88.18 feet;
Thence South 89°08'04' West, a distance of 79.12 feet to the beginning of a curve
to the right having a radius of 52.50 feet;
Thence along the arc of said curve, through a central angle of 49°46'08", a
distance of 45.60 feet;
Thence North 41°05'48"West a distance of 48.69 feet to the beginning of a curve
to the left having a radius of 24.00 feet;
Page 1
Thence along the arc of said curve, through a central angle of 85°24'31", a
distance of 35.78 feet to the beginning of a reverse curve having a radius of
262.50 feet, the radial center of which bears North 36°30'19 West;
Thence along the arc of said curve, through a central angle of 22°12'25", a
distance of 101.74 feet to the beginning of a reverse curve having a radius of
24.00 feet, the radial center of which bears South 14°17154" East;
Thence along the arc of said curve, through a central angle of 84°23'14", a
distance of 35.35 feet;
Thence South 08°41'08" East a distance 47.91 feet to the North line of the
aforementioned parcel of land described and depicted on King County Record of
Survey filed under Recording Number 20070326900001;
Thence North 78°45'32"West along said line a distance of 26.59 feet to the Point
of Beginning.
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EXHIBIT D
[An 8-1/2-inch by 14-inch size"Emergency Access Corridor Map" follows this page]
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WHPacifit AnMarCo
3850 Monte\Oa Parkway
9
Bothell,WA 980021 EMERGENCY ACCESS CORRIDOR
425.951.4800 Fax 425-951-0808
www.whpacific.com EXHIBIT "D"
0/19/08 RENTON WASHINGTON
1