HomeMy WebLinkAboutRC 9105091395 '; ' • • � ��1��Sa�£�a���,�11� . .
' �r;'�����R RECORD AT REQUES� ��� ���$��''�'� SA-039-90 � -
a���c�� ��� c�n ciERK
RENTON MUNICIPAL BLDG. ���� �. �� ��'�
200 MII,L AVE. S0. .=.a.:::-;�;�,-��.:} �:�a� ��-,
RENTQN, WA 98055 No��a �o x�.i� . �=�;-::��, � �:, ta�;.:�
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COVENANTS REGARDING WETLANDS AND.::..,,��#.�.L;� :�:..;:.y:� �,#�i 1
' DECLARATION OF EASEMENT FOR WETLANDS INS�ECTION
This Agreement containing covenants regarding wetlands and
declaration of easement for wetlands inspection is made this � day
of . J�� , 1991, by the undersigned Owner of certain land
situat d in the State of Washington, County of Kinq, which is
legally described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property" ) , and by Corr-Pro
Associates, a Washington general partnership ("Corr-Pro" ) .
Corr-Pro intends to develop and build a manufacturinq facility
in the city of Renton as part of a project identified under
Project No . ECF; SA-039-90 in the files of the City of Renton and
commonly known as the Sheets Unlimited Project . As part of the
Sheets Unlimited Project, Corr-Pro has agreed to mitigate against
loss af a wetland area by creating a wetland area at a site located
in the city of Renton other than the site of the Sheets Unlimited
Project (hereafter this creation of a wetland area at an offsite
�� location shall be referred to as "Offsite Wetland Mitigation" ) . For
� good and valuable consideration, Owner has agreed that the Property
� may be used for Corr-Pro ' s Offsite Wetland Mitiqation in accordance
,� with the wetland mitiqation plans submitted by Corr-Pro and approved
� by the City of Renton with respect to the Sheets Unlimited Project .
G
Therefore, for ood and valuable consideration, the receipt and
Il� 9
O sufficiency of which is hereby acknowledqed, Owner and Corr-Pro
rl hereby make the following covenants with respect to Corr-Pro ' s
� Offsite Wetland Mitigation on the Property; and Owner establishes
win easement for ins ection of such wetland
and grants the follo g P
area.
l. Covenant to Create Wetland Area . Owner and Corr-Pro
covenant and agree to mitigate against loss of wetlands as a result
of the Sheets Unlimited Project by creating on the Property a
wetland area in accordance with the wetland mitigation plans
submitted by Corr-Pro and approved by the City of Renton with
respect to the Sheets Unlimited Project .
2 . Location and Size of Wetland Area. The wetland area
created in accordance with the wetland mitigation plans submitted by
Corr-Pro and approved by the City of Renton with respect to the
Sheets Unlimited Project shall be not less than . 85 acres in size
and shall be located on that portion of the Property which is
defined on the diagram attached hereto as Exhibit B .
3 . Maintenance of Wetlands . The wetlands created in
accordance with the wetland mitigation plans submitted by Corr-Pro
and approved by the City of Renton with respect to the Sheets
EXCISE TAX NOT REQUIRED
ing Co.R rcis pivision
.��/lC �Y
,_ , , . . . .
.� ' - - • , ,
, .
Unlimited Project shall be used, kept, maintained, and preserved in
accordance with applicable federal, state and local laws , and all
rules and regulations promulgated thereunder, affecting wetland
areas in the City of Renton. Such wetland area shall remain as a
wetland area and shall not be altered unless its alteration is
allowed by the federal , state and/or local agency(ies) having
jurisdiction over wetland areas in the City of Renton of similar
type and size. This covenant shall not be affected by any
subsequent use or development of the property on which the Sheets
Unlimited Project is located.
4 . Grant of Easement. Owner hereby grants and conveys to the
City of Renton a perpetual, nonexclusive easement (the "Easement" )
over and across the unimproved areas of the Property for the purpose
of allowing the City of Renton or its agents access to inspect the
Property to determine whether Corr-Pro ' s Offsite 4Vetland Mitigation
located on the Property has been properly created, maintained and
protected. The route of access shall be determined as provided in
paragraph 6 below.
�
� 5 . Easement in Gross . The Easement granted herein is an
� easement in qross and is personal to the City of Renton; provided,
� however, that the City of Renton shall have the limited right to
� assign its rights under this Easement to any other governmental
� authority having jurisdiction over maintenance and protection of
� wetlands on the Property.
�
� 6 . Exercise of Easement Rights . The City of Renton shall
exercise its easement rights hereunder no more than once each
calendar year on the Property. In the event the City of Renton
desires to enter the Property for the purpose of exercising its
easement rights, it shall give notice as may be reasonable under the
circumstances to the then owner of the Property. The then owner of
, the Property may designate a route or routes of access to the
wetlands that allow the City of Renton to exercise its easement
rights in a way that least interferes with such owner ' s activities
on the Property.
', 7 . Easement and Covenants Running with the Land. The easement
granted hereunder and the agreements and covenants contained herein
shall run with and burden the Property and shall inure to the
benefit of and be binding upon the Owner , and its successors and
assigns .
w This instrument is executed under, and
8 . Applicable La .
shall be construed in accordance with, the laws of the
State of
, Washington. �
OWNER: ��
t
� , ;
� �,_.
, t
Hans G. och `'
-2- [B-2320h]
r � � �
r . �
CORR-PRO ASSOCIATES, a Washington
general partnership
By: �,,
artner
STATE OF WASHINGTON )
) ss .
COUNTY OF KING )
On this day personally appeared before me Hans G. Koch, to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
� therein mentioned.
� �
C"� GIVEN under my hand and official seal this day of ,
'�°'{' 19 91 .
C3'?
� � �
�
� N a Public in and for t - e t�}� of
I �
Was ngton, residing at
My commission expires /- 1 - � �
STATE OF WASHINGTON )
} ss.
COUNTY OF KING )
On this day personally appeared before me Gordon M. Younger to me
known to be a partner of Corr-Pro Associates, the partnership that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
partnership, for tne uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument .
GIVEN under my hand and official seal this�day of �P2�L. ,
1991 .
--:—',�rn�� �� - /�
Notary Public i a d for t e State of
Washington, residing at '�o-��c.
My commission expires ,,,3-/ - 9y
-3- [B-2320h)
.� . � , . + -- , —._.—�
, , , , �
�� ' " ' � � , EXHIBIT A , I
, I
' �
PARCEL As �
That portion of the northeast quarter c�f the northeast quarter of
5ection 25, Township 23 North, Range 4 East, W.M_ , in King Courity,
Washington, described as follows:
Commencing at the northeast coraer af sai.d Secta.an 25;
thence sauth Oa49`IO" west, aiong the east iine of said Section 25,
a distance of 380_Ol fee� ta aa iutersection.wif-h a line parallei to
and 18fl feet southeriy, zueasured at right angles to #he noz-th liae
af said Sec�ion 25; . •
theace nor�Lh 87�12'S9" wes�, parallel with said north lirie, 20.00
feet to an 3ntersect3,on vith a line parallel to and 20 fee�
westerly, measured at right angles ta the eas� liue of said
Section ZS;
thence south 4�h9`10� west along said parallei •iine, 554.32 feet to
the TRIIE P4INT 4E BEGINI+11Z2dG; .
thence aorth 88'°�4`48" west, a distance'of 1t327_6Q feet ta a paint;
thence sou�h 1�a3'19" west, 5�0.05 fee� ta a point; .
, theace south 88"24`48" east, 1,029.43 feet to a paint on a li.ne
i parallel ta and 2Q feet westerly of, measured at right anqles to the
east liae of said Section 25; � .
�hence narth 0�49"10" east along said parallel line, 520.OS feet to
�' the TRUE POTNT OE BEGINNING; . .
EXCEPT that por�ion coaveyed� to t�e City o£ Renton for raad puiposes
� by deed recorded unde= Re�cording Number 840124t32?2_ �
C"3 PARCEL B: �
� '
� � That portion of #.3ie northeast quar.ter of the northeast guarter of
� Section 25, Township 23 Narth, Range 4 East, W.M., in King County,
I � Washington, described as follows:
t� • -
�
C� Cammencing at the northeast corner of sa3.d Section 25;
thence sou�h 0�49'10" west along the east line of said Section 25, a
d3s-tance o�E 184.01 feet to an intersectioa with a �ine paraliei to
, and 180 feet southerly, measuared at right angles to the north iine ,
of said Section 25; �
thence nort�i 87�12`59" west, pa=alie2 with said nar�h line, 20.t3�
feet to an� intersection with a line para11e1 ta and 20 feet �
westeriy, measured at right angles tv, the east line of said •
Section 25, said point being the TRUE POINT OE BEGINNING;
th�nce nart.h 8?�12'S9"` west, pa=allel to and 180.00 feet southerly
� of fi.he nor�h line o£ said Section 25, a distance �of 1026.47 feet;
� thence south 1'°Ol' 19" west, 5�5.53 feet to the northwest corner of
� the a�►ove described Parcel. A;
thence south 88a24'�8" east, I027.6t3 feet to a point on a line 20»Ot3
�feet westerly, measured a� xight ang3es to the east line of
.Section 25; � •
thence nor�h O"�9' 14" eas� paralle3 ta said east iine, 55Q.Ia feet
to the �RUE P+O INT t}F �EG I idNl NG.
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OFF-SITE WETL:AND
MITIGATION LOCATION
Nota�� i-r�-�i
SW 2TTH S�HEET
SHAPZRO�C ' ;.` . �1TE.WETtAND MITlGATiQN PtAN
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