HomeMy WebLinkAboutE 9607050550 , , CAG-96-091
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WHEN RECORDED RETURN TO: '
Office of the City Clerk Ptoject: ,.0 o.rn e t'te ti'.� OD�:t
RentonMunicipalBuilding AGREEM�N-�-AN�.EASTI��TT WorkOrder# !"o52�C
200 Mill Avenue South FOR DI�AlNAGE�CHANNEL PID=�y�3°`��°2� ��
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Renton,WA 98055 Grantor: UPUS Gn
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THIS INSTRUMENT, made this��.�day of ���' 19 y'�; by and between Opus Northwest �%
LLC, hereinafter called "Grantor," and the C OF RENTON, a Municipal Corporation of King County, �
Washington, hereinafter called "Grantee." ��;
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That said Grantor(s), far and in consideration of ten dollars ($10.00) and other good and valuable consideration, the x
receipt of which is hereby acknowledged by said Grantor, do by these presents, grant, bargain, sell, convey, and �;
warrants unto the said Grantee, its successors and assigns, an easement for drainage with necessary appurtenances �'
over, under, throu h, across and u on the followin described ro ert the easement area in Kin Coun ��
g P g P P Y � ) g h', u�
Washington, more particularly described as follows: �
�,
See attached EXHIBIT A for legal description �
For the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using a
drainage channel, together with the nonexclusive right of ingress and egress thereto without prior institution of any �a
suit or proceedings of law . Following the initial construction of its facilities, Grantee may from time to time `''
construct such additional facilities as it may require. This easement is granted subject to the following terms and
conditions:
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� 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface
�"'j of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as
L�"J practicable to the condition they were in immediately before commencement of the work or entry by the Grantee.
� All restoration shall be performed as soon as reasonably possible following completion of any work and shall be
� coardinated in advance with Grantor so as to cause the minimum amount of disruption to the use of and operation
;,� of Grantor's property of which the easement area is a part.
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2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the
easement rights granted to the Grantee. Grantor shall not, however, have the right to:
a. Erect or maintain any buildings, utilities, structures, and related appurtenances within the easement; ar
b. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to
the Grantee of restoring the easement area and any private improvements therein.
3. At the request of the Grantee, the Grantor has revised its development plans for the easement area and the
adjoining parcel to the east so that no improvements will be constructed within the easement area by the Grantor.
To accomplish the said i•zdesign, the Grantor ��il; incur an additio�ial cos� of$25,0'4, as outiineil in the attacl�ed
Exhibit B. Therefore,to compensate the Grantor for this cost in exchange for this easement,the Grantee shall:
a. offset a portion of Grantor's storm drainage system development charge in the amount of$25,079 that may
become due for the Springbrook Creek Industrial Center proposal (LUA-96-015,SA,SM,ECF) or the
Raymond Avenue Center proposal (LUA-95-064,SA,SM,ECF,LLA),whichever is implemented.
b. allow the Grantar to remove and grade soil from and within the easement area for use as fill material for the
construction of either of the development proposal listed in 3a above. Such activities, however, shall be
H:DOCS:96-306b:SW:ps Agreement and Easement iN�,T��u.
Sheet 1 of 6 ���
PROPERTY SERVICES
� prohibited in that portion of the easemen� area lying within and 25' from the ordinary high water level in the
creek. Final grades after the soil removal and grading within the easement area are not to exceed 3 horizontal
to 1 vertical and any excavated area shall be graded so as to remain free-draining.
4. Notwithstanding anything set forth above, Grantee's rights under this agreement are subject to the rights of
Winmar-Metro, Inc., a Washington corporation ("Winmar"), its successors and assigns, under and pursuant to
that certain non-exclusive access and utilities easement recorded as instrument 9603 1 5 1 1 87 in the Records of
King County, Washington (the "Winmar Easement"), insofar as the Winmar Easement contemplates that
Winmar may install a bridge and/or other appurtenances over the creek, including the easement area, all, subject,
however, to Winmar obtaining the review and approval of all governmental agencies necessary in connection
with any such bridge, including the City of Renton.
5. Grantee shall give Grantor reasonable notice prior to Grantee's exercise of its access rights hereunder in the case
of any activities that may impact the operation of Grantor's facilities, business operations or activities on the
property of which the easement is a part. Grantee shall coordinate its activities so as to cause minimum
disruption of Grantor's and its tenants' business activities on the Grantor's property of which the easement is a
part and shall cause its contractors or subcontractors to conform to all reasonable requests from Grantor or its
tenants regarding minimization of interference or use of any of the access in parking areas on or adjacent to the
easement.
6. Grantee shall indemnify and hold Grantor fully and completely harmless from any and all claims, costs,
liabilities and damages arising out of this Easement Agreement or the use of the easement or the easement area
by Grantee, its agents, contractors and employees (including reasonable attorneys' fees incurred in the
investigation or defense of such actions).
7. In the event of litigation between the parties hereto, declaratory or otherwise, in connection with or arising out of
this Easement Agreement, the prevailing party shall recover from the non-prevailing party all costs, including
reasonable attorneys' fees, paralegals' fees, and other professional or consultants' fees expended or incurred in
connection therewith, as set by the court, including for appeals, which shall be determined and fixed by the court
as part of the judgment.
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H:DOCS:96-306b:SW:ps Agreement and Easement irt Tint,
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Sheet 2 of 6
PROPERTYSERVICES
�This easement shall run with the land described herein, and shall be binding upon the parties,their heirs, successors in
interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a
good and lawful right to execute this agreement.
,
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and ;
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that I ow or have satisfactory evidence that Mf�K Ff�f.A1H02ST signed thi instrument, on oath stated that
�'she/they �a were authorized to execute the instrument and acknowledged it as the �je,f,S�DtN'T of
�P�IS ��'�Ilb.1ES7 LLC to be the free and voluntary act of such party/parties for the uses and purposes mentioned in
the instrument.
Dated (o i► (ab ��������,��0,,���
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`�� � 1��/INaaliii�,''1/i � �1."��.rN�♦ D /`i
`�� ��``�,��\SS\ONf,�A�a`��� Notary Public in and for the State
� W q NOTA�Y ��;; ", of Washington residing at �jp-��Lu,, �u t�
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: �►'�;� `� ��= NotarY(Print): EV Et,y n1 S�, (,vc..i w K.S A
` Nj� _ F��''" �K� _ `j My appointment expires: �� �Z�(q(� __
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Approv as to Legal Form: CITY OF RENTON
BY: BY
.a.v.���
� Lawrence J. Warren, Jesse T er
� City Attorney Mayor
� ATTEST:
U
� BY '
� Marilyn J. Pe s
� City Clerk
H:DOCS:96-306b:SW:ps Agreement and Easement �rTt�u,
Sheet 3 of 6 7l ~
PROPERTYSERVICES
Project: .
EXHIBIT A work order# /s z 3 a
LEGAL DESCRIPTION PID_ �.Y23 oyyv�c
Grantor: UPUJ�
STR: Z�I-2�- y
Street Intersection:� !'!� 5�
lQ,�"'I.r.a.�19 i1v�E SW
Easement Area•
That portion of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No.
9508039005) in the southeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M.,
in King County, Washington, described as follows:
Commencing at the south corner of said Lot 2 and the true point of beginning;
thence along the west line of said Lot 2 the following courses:
N 37°00'42" W 32.02 feet;
thence N 55°28'15" W 83.16feet;
thence N 52°24'00" W 186.02 feet;
thence N 54°03'S7" W 280.51 feet;
thence N 35°11'09" W 138.12 feet;
thence N 23°44'21"W 81.38 feet to a curve concave to the east having a radius of 35.78 feet;
thence northerly along said curve through a central angle of 52°20'28" an arc distance of 32.69 feet;
thence leaving said curve on a non-tangent bearing N 50°08'30" E 107.69 feet;
thence N 51°45'16" E 68.97 feet;
thence N 59°39'11" E 93.78 feet to a curve concave to the northwest having a radius of 154.57 feet;
thence northeasterly along said curve through a central angle of 45°50'S7" an arc distance of 123.69 feet;
thence N 13°48'14" E 114.90 feet to a curve concave to the west having a radius of 334.26 feet;
thence northerly along said curve through a central angle of 36°45'26" an arc distance of 214.44 feet;
thence leaving said curve on a non-tangent bearing N 23°47'30" W 104.50 feet;
thence N 28°32'10" W 63.10 feet;
O thence N 20°51'33" W 41.80 feet to the northwest corner of said Lot 2;
� thence leaving said west line of said Lot 2 S 87°26'45" E along the north line of said Lot 2 140.00 feet;
� thence leaving said north line S 37°O1'21" W 82.90 feet;
� thence S 23°47'30" E 96.43 feet to a point on a curve concave to the west, said curve being non-tangent to the
L� preceeding course and having a radius of 384.26 feet, the center of which bears S 65°25'36" W;
o thence southerly along said curve through a central angle of 36°45'26" an arc distance of 257.38 feet;
� thence S 13°48'14" W 114.90 feet to a curve concave to the northwest having a radius of 204.57 feet;
��.D thence southwesterly along said curve through a central angle of 45°50'S7" an arc distance of 163.70 feet;
� thence S 59°39'11" W 90.32 feet;
thence S 51°45'16" W 61.54 feet to a curve concave to the east having a radius of 105.00 feet;
thence southerly along said curve through a central angle of 86°56'32" an arc distance of 159.33 feet;
thence S 35°11'09" E 88.78 feet;
thence S 54°03'S7" E 272.92 feet;
thence S 52°24'00" E 185.41 feet;
thence S 55°28'15" E 72.03 feet to the east line of said Lot 2;
thence S 00°47'36" W along said east line 72.32 feet to the true point of beginning.
Contains 90,418 square feet of land, more or less.
H:DOCS:96-306b1:SW:ps Agreement and Easement ►tv[Tttv.
Sheet 4 of 6 � ��
PROPERTYSERVICES
Project:���. • ,
EXHIBIT A CONTINUED work Order# �SZ3c.
MAP EXHIBIT PID_ �-y�3Jy 90�-lt
Grantoc ��'vS
STR: �-Y-�3-y
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South Corner of Lot 2�
H:DOCS:96-306b1:SW:ps Agreement and Easement '�j-tni.
Sheet 5 of 6 /(,} �
fKENAAt£.• (F.�d307J�RAYA/G15+D.C7J4tif37V780RY.QNG/PLT
PROPERTYSERVICES
Project: � L ��
EXHIBIT A CONTINUED Work Order#_L�23:.
MAP EXHIBIT PID_ 2'!Z 3 C y 9 c Z4
Grantor: �'PUS
STR: Z�/23�
Street Intersection: 5c.t�i gc.t�f'�+ 51'�
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Northwest Corner of Lat 2 -"� �g
Line Table
18
ID# Bearing Dist.(ft) �r'J
] N 37°00'42"W 32.02 \
2 N 55°28'IS"W 83.16 � ��
3 N 52°24'00"W 186.02 \
4 N 54°03'S7"W 280.51 "}�\
5 N 35°11'09"W 138.12
6 N 23°44'21"W 81.38 � �
8 N 50°08'30"E 107.69
9 N 51°45'16"E 68.97 ;
]0 N 59°39'll"E 93.78 ,
12 N 13°48'14"E 114.90
1 1
14 N 23°47'30"W 104.50 �
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15 N 28°32'10"W 63.10 �3 � �
16 N 20°51'33"W 41.80 Curve Table l ��
17 S 87°26'45"E 140.00 �
18 S 37°O1'21"W 82.90 ID# Radius(ft) Central Angle Arc Length � �
19 S 23°47'30"E 96.43 7 35.78 52°20'28" 32.69 � �
21 S 13°48'14"W i14.90 11 154.57 45°50'S7" 123.69 �
23 S 59°39'l l"W 9032 13 334.26 36°45'26" 214.44 � I
24 S 51°45'16"W 61.54 20 384.26 36°45'26" 25738 J �
� 26 S 35°11'09"E 88.78 22 204.57 45°50'S7" 163.70 �� ��
� 27 S 54°03'S7"E 272.92 25 105.00 86°56'32" 15933 f t 2,�
,J 28 S 52°24'00"E 185.41 /
�/� 29 S 55°28'15"E 72.03 Jr
� 30 S 00°47'36"W 7232 �
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H:DOCS:96-306b1:SW:ps �Agreement and Easement � irrirtnt
Sheet 6 of 6 �
sxFncur£• rr.►ssazs{RAr�cwacne�t�►rraawr.onc�ir
PROPERTY SERV[CES
� Opus Northwest LLC •
. � � 1� �
! ���� 200-112thAvenueNE �-� /J/
� . Suite 205 � ��
Bellevue,Washington 98004
206-453-4100 Fax 206-453-1712
�"�;.: - .
,�• . �
April 24, 1996 ' � `� � - �
•—". �,..� � ,:�,
Mr. Ronald J. Straka, Engineering Supervisor `,;-,-.. _ _. . . -
Public Works Department �_,.��-:;��::�, .. ,_ ,. � -
,
City of Renton
200 Mill Avenue, South
Renton, Washington 98055
RE: Springbrook lndustria/Center, Sform Drainage System
Dear Ron:
Pursuant to our meeting of 2 weeks ago relating to the possible widening of Springbrook Creek,
Opus Northwest LLC would be interested in allowing an easement for a future widening of
Springbrook Creek, subject to the following conditions:
1. A mutually agreeable easement is executed.
2. Additional costs due to storm drainage rework, being taken out of the storm drainage SDC
charge as proposed by the City of Renton.
3. Opus would be able to cut and fill the site as previously submitted, using soils from within the
� 50' setback. �
�
� Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the
O storm system. Preliminary plans will be submitted to you under separate cover. The storm
ochanges pursuant to our discussions would be as follows:
� • Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,6�2
0
C� • Delete 341 lineal feet of 12"storm pipe at$1$per lineal foot or {$6,138}
� • �elatE 48� l;nea! fe�t ef 15"st�rm pipe at$20per lineal foot or {$9,700}
• Add 731 lineal feet of 18"storm pipe at$25 per lineal foot or $�$,2�5
• Add 38 lineal feet of 24"storm pipe at$35 per lineal foot or $1,330
• Add 4 each type 1 catch basins at$850 per each ar $3,400
• Add 2 each type 2 catch basins at$2500 per each or $5,000
• Delete 1 each type 2 catch basin at$2500 per each or {$2,500} �
. Re-engineering costs for sketching, drawing and calculations �5, ���
• Total additional costs $�'�ZS� e 7Y
�s� Arr,Pua�� ►�►�� ,, r 9yt� ��
Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers
Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington,D.C.
t r • . . .
/\ OPUS� �
Letter to Mr.Ronald J.Straka
Re:Storm Drainage System
Aprit 24, 1996
If we cannot use soils from within the 50' setback, where we had initaially proposed biofiltration
swales our cost will increase an additional $12,80Q00
Please review this information and call myself or John Anderson at Bush, Roed & Hitchings, if you
have any questions. Assuming this meets with your approval we are prepared to finalize the storm
drainage plans incorporating these changes, execute a easement with the City of Renton and
formalize a agreement reducing the storm drainage SDC charge by $21,279. Please remember
that time is of the essence to get all this accomplished.
Very truly yours,
Bart Bry estad
Director- Real Estate Development
Enclosure
cc: John Anderson - Bush, Roed & Hitchings
BB/mmj
O Springbrook:str4 24.doc
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� MaY-oi-96 WED 07;49 OPUS NORTHWEST LLC FAX N0, i2064531712 � � P�. 02i0�
Opus NoRhwesi LlC
, O��c. 2oo–i�2thAvenueNE
� Suite 20.5
Bellevuc,Washington 9600a ��
z la,/��o' /� Gz� �,-/;��1�n
�06-s53�t00 Faz 206-453-1712
May 1, 1995
M�. Ronald.!. Sttalca
Fngineering Supervisor
Public Works Department
City of Renton
2Q0 Mil[Avenue South
Renton, Washington 98055
RE: Springbrook Indust�ial Center, 19th & Raymond Avenue S., Renton Washington
Dear Mr. Straka:
Pfease find enclosed a nol�ce of a�ldii+onal work from Busti, Roed 8� Hiicl�ings, r��y Givil
Engineering for the Springbrook lndustrial Cenier Project. Their guote is for fhe storm sysfem
redesign pursuant to our la#est discussions. ! had errantky given you the number for this work in
my letter of fast as $2,OQ0. The actua! price far tfiis work wi11 be $5,800. Pfease insert the $5,800
in lieu of the $2,Q00 in the tetter (had previously sent you.
As discussed you shou{d now be preparing a draft easement exhibit and a letter agreement
o discussing the reduction in the storm sewer system devefopment charge. Please expedite this
� process as l wou(d like to get these two items completed by next week.
ln
� Please cal! myself ar John Anderson af Bush, Roed & Hitchings at {206) 323-4144, if you have
� any additional questions.
� Very truly yours,
0� / ��
,
�.� � �`. .
Bart Bryn�stad
Director- Real Estate Development
Enclosure
BBlmmj
Springbrooics�5 t.doc
Opus IVorrhwesl L(.0 is an affiliate of Ihe Opus group of compsnies—Architecrs,Cor�tradors.Devefooers
, MAY-01-96 WE� 07,5� ' OPUS NORTHWEST LLC FAX N0, 12064531712 . 'P., 03/�3
� 29632's7135 B.R.N. - ' F-603 T-929 P-0�2 f�'R �5 '9� 14:28
. BUSH, ROED &c HTICf��NGg, INC,
Notice of Additional Work No. 9
A#tenfion: Bart Brynestad pate: 04/25/96
Opus NW, LLC Contract No.: 92233.14
Description: Raymond Avenue Center
Work to
be performed: Re-design storm system per city of Renton
. #Zeasan fot Wark: As requested by cify of Renfon
Work under fhis Notice af Additio�a! Waric wiil be accompfished:
❑ With no Change to fhe cantract price,
X Far a lump sum increase of$5,800 to the contract price.
o On a time and expense basis nat fo exceed� wifhouf
written autharization.
o With work io start irnmediafeiy on a#ime and ex�ense basis.
❑ With no cf�ange in the completion date.
0 O Wifh c�mpietion date extended calendar days.
U? .
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� Performance a# this additional work is authorited by sigrtature. Authorization musf be
Q
� recei�ed prior to rele�e of drawings.
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tss�ed by; �� 9h
H, �roject Manager Date
Authorized by_
Client Oate