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HomeMy WebLinkAboutE 9712241651 WHEN RECOR.DED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton, WA 980�5 GRANTOR: Opus Northwest, L.L.C., a Delawaze limited ptoject: Springbrook Industrial Center liability company pm: 242304-9020 GRANTEE: City of Renton,a Municipal Corporation Grantor: Opus Northwest,L.L.C. of King County g'I'R: 242304 ABBREVIATED LEGt1L DESCRIPTION: Stteet Intersecrion: Raymond and � Adjusted Lot 2 of City of Renton Lot Line S.W. 19th Adjustinent No. LUA-95-06d-LL.a. � Recorded undez Recording No.9508039005, ,�.� King County, Washington. . c'�' Full description is on pages A-i and A-2. � ASSESSOR'S TAX PARCEL No: 242304-9020-08 � � � ;'` � AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT (No Monetary Consideration) � �� � 9 THIS AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT ("Amendment") is made the Z7i N� day of ��b�r 19�, by and between OPUS NORTHWEST L.L.C., a Delaware limited liability .—., company , hereinafter called "Grantor," and the CITY OF RENTON, a Municipal Corporation of King County, r� Washington,hereinafter called"Grantee." r— 4 �� Grantor owns certain real property situated in King County, Washington (the "Property") the legal `'� description of which is attached hereto as E�chibit A. � �.� LaJ a : A portion of the Property is subject to an easement for constructing, using, and maintaining a drainage � channel(the"Drainage Channel Easement")previously granted to Grantee in an instrument recorded July 5, 1996, � under Recording No. 9607050550 in the reai property records of King County, Washington. The legal description `% of the area subject to the Drainage Channel Easement(the`Basement Area")is attached hereto as E�ibit B. � � �� .�; II�iIT'IP�L h' DOC'UML•NT FORM APPROVED BY �� cmr wrro l���'97 � �'''�� � � � �/�_ « `wr�.Y/t� 1 PROPER'IY SERVICES .., ��ces S'LI f— c*i This Amendment amends the Drainage Channel Easement agreement as follows: 1. Grantee agrees that the existing encroachments into the Drainage Channel Easement Area as shown in that certain survey recorded on December 2 3 , 1997 in the real property records of King County, Washington under Recording No. grJ�z 2.�—9001 (the "Existing Allowable Encroachments") may remain in the Easement Area. 2. At the time Grantee plans the construction of the drainage channel improvements that Grantee intends to construct in the Easement Area(the"Channel Improvements"), Grantor and Grantee shall cooperate in designing the drainage Channel Improvements to minimize the need for retaining walls to support the Existing Allowable Encroachments and maintain the slope of the adjacent Channel Improvements. 3. If Grantee determines that rock retaining walls are required to support the Existing Allowable Encroachments and maintain the slope of the adjacent Channel Improvements, Grantee shall notify Grantor of the height and general location of the required walls. Grantor shall either(1)design and construct such retaining walls in accordance with plans and specifications approved by Grantee or (2) pay Grantee's costs of designing and constructing such retaining walls. The obligations of Grantar under this Amendment ("Grantor's Channel Obligations")are personal to Opus Northwest,L.L.C.,a Delaware limited liability company. 4. To secure the performance by Grantor of the Grantor's Obligations, Grantor shall post a$50,000, two- year bond. Grantee shall have the option to require Grantor to extend the term of the bond for a third year, if the � retaining wall construction described in this agreement has not been substantially completed within the two-year �r� bond period. � All other terms and conditions of the Drainage Channel Easement remain in full force and effect and are +d' unchanged by this Agreement. � � �� � � � GRANTOR: GRANTEE: OPUS NORTHWEST,L.L.C., CITY OF RENTON, a Delaware limited liability compan a Municipal Corporation of King County By: � Jo Solberg BY� ice President Name: Jesse Tanner _ Title: _��0� 2 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I lmow or have satisfactory evidence that John Solberg is the person who appeared before me, and said person acknowledged that he signed this insttument, on oath stated that he was authorized to e;cecute the instrument and aclrnowledged it as the Vice President of Opus Northwest, L.L.C., to be the free and voluntary act of such party for the uses and putposes menrioned in this insfiunent. � � �'r . ,,��„�,���,,," � t�,� .•�.�.••��O �� , l A �y� �I . �;'�• ��s � (Si atureofN t Public) .�: � ; � ' ��,�i ,� ' � r � . : , :Z- . o: , , � t�S� Q�"� ,�;�Q�: (Printed Name o Notary Public) �•.!►�.�`�M BEQ:�'••�,����� ,���q,;_OFeW.p;ye�,, MyAppointmentexpires '+"� L7 STATE OF WASHINGTON ) :.� )ss. � COUNI'Y OF KING ) �' 2 I certify that I know or have satisfactory evidence that ����(/NP_� is the person who � appeared before me, and said person acknowledged that hefshe signed this instrument, on oath stated that helshe � was authoriz��Mk��e instrument and acknowledged it as the�0� of The City of Renton to be the f{�'��i�[��of such party for the uses and purposes menrioned in this instrument. � �•� •- '"S10N�'' �� . � ����ated����•. �� � ., ' ��NOTAFN � . � • .o . . :� : . . ' ' —,k— s - � � � . �� ��BUC�:�pZ,: (Signature i Public) . �►� .� ,�BEp�;.•'� �. '•.fi0 � .' �Gt,��/(.��V �� f��l�'�'�r��✓ ,������WASN?,, (Printed Name of Notary Public) My Appointment expires �� ��'� 3 EYI�BIT A LEGAI, DESCRIPTION OF THE PROPERTY Pzoject Springbrook Indusuial Ceater PID: 242304-9020 Grantor. Opus Vorthwes� L.L.C. STR: 242304 Streec Incersecnon: Ravmond and S.W. 19th THAT PORTION OF GOVERNMENT LOT 13. SEC'ION 24,TOWNSHIP 23,NORTH. RANGE 4 EAST, WILIIAME-TE MERIDIAN,IN KING COUNTY,WASFiINGTON. MORE PARTICULARLY OESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;THENCE NORTH 00°47'36' EAST ALONG THE�.�iST LINE THEREOF 9.69 FEcT TO THE EASTERLY MARGiN OF A 40.00 FOOT WIDE RIGHT OF WAY FOR SPRINGBROOK CREEK AS DESCRIBED UNDER KING COUNTY RECORDING NUMBER 9412231106 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 37'00'42"WEST ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 32.02 FEET, THENCE NORTH 55°28'15'WEST 83.16 FEcT: THENCc NORTH 52'24'00'WEjT 186 02 FEET; � THENCE NORTH 54°03'S7'WEST 280 51 FEET, THENCE NORTH 35°11'09'WEST 138.12 FEET, � THENCE NORTH 23°44'21'WEST 81 38 FEET TO A POINT OF TANGENCY WITH A CURVE � CONCAVE TO THE EAST HAVING A RADIUS OF 35.78 FEET, � THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAI.ANGIE OF 52"20'18"AN ARC DISTANCE OF 32.69 FEET TO A POINT OF NON-TANGENCY; � THENCc NORTH 50°08'30'EAST 107 69 FEET; � THENCE NORTH 51"45'16'EAST 68.97 FEET; �,2 THENCE NORTH 59°39'11"EAST 93.78 FEcT TO A POINT OF TANGENCY WITH 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 TO A POINT OF TANGENCY; � THENCE NORTH 13°48'14"EAST 114.90 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 334.28 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAI ANGLE OF 36°45'26'AN ARC DISTANCE OF 214.44 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 23°47'30'WEST 104 50 FEET; THENCE NORTH 28'32'10'WEST 63.10 FEET, THENCE NORTH 20°51'33'WEST 41.80 FEET TO A POINT ON THE NORTH UNE OF SAID GOVERNMENT LOT 13 AS SAID LINE IS SHOWN ON A RECORD OF SURVEY 8Y R.F.MILLPOINTER AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8910069012 AND WHICH BEARS NORTH 87°26'45'WEST FROM THE NORTHE4ST CORNER OF SAID GOVERNMENT LOT 13; THENCE SOUTH 87°26'45'EAST AI.ONG SAIO NORTH UNE 378.76 FEET TO SAID NORTHEAST CORNER; THENCE SOUTH 00°47'36'WEST ALONG THE EAST UNE OF SAID SECTION 24,A DISTANCE OF 1,320.39 TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS ADJUSTED LOT 2 OF CITY OF RENTON LOT�INE A�JUSTMENT NUMBER LUA- 95-064LLA.RECORDED UNDER RECORDING NUMBER 9508039005). � >��0�9.�;3T •e p; a��i� z;O I i •� i ��•s•.Pa'C 91�•yg�:`�4 .� , y I i 7,y4 L LA�O 1 � Ld9-97 '\ J _YP!RES 9/2t/99 � �_1 �� EXHIBIT B DRAINAGE CHANNEL EASEMENT LEGAL DESCRIPTION Projec� Springbrook Indusu�ial Center PID: 2423049020 Grantor. Opus Northwest, L.L.C. STR: 242304 Soreet Intetsection: Ravmond and S.W. 19*h That portion of l.ot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King Counry Recording No. 95C8039005)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 comer of said Lot 2 and the true point of beginning; thence along!he west line of said Lot 2 the foilowing courses: ,� N 37°00'42'W 32.02 feec; �f �hence N 55°28'IS'W 83.16 feec; � chence N 52'24'00'W 186.02fert; ',,,� ;:scace N 54�03'i7'W Z40.51 fect; � ehence N 35°11'09'W 138.12 feet; �`� thence N 23'44'21'W 81.33 feet to a curve concave co the east having a radius of 35.78 feet; f�.� thrnce northerly along said curve[hrough a cencnl angle of 52°20'28"in arc distance of 32.69 feet; � thence leaving said c.vrve on a non-tangenc bearing N 50�08'30'E 107.69 feec; ;� thence N 51'45'16'E 68.97 feec; v� theace N 59'39'I1'E 93.78 feet co a�rve concave�o the northwesi having a ndius oE 154.57 feet; chence northeuterly along said curve chrough a cencral angle of 45°50'S7'an arc distance of 123.69 feet; thence N 13°48'14"E 114.90 feec to a�vrve concave co�he wesc having a ndius of 334.26 feec; thence norcherly along said curve chrough a cencral angle of 36°45'26"an arc discance of 214.44 feec; thence leaving sud cvrve on a non-cangent bearing N 23'47'30"W 104.50 feet; thence N 28'32'10'W 63.10fees; thence N ZO°S1'33'W 41.80 Eeet to the northwest corner of said Lo�2; thence leaving said west line of said Lot 2 S 87°26'45"E along the north line oF sud Lot 2 140.d0 feec; thence leaving said north line S 37'01'21"W 82.90 feec; thence S 23�47'30" E 96.43 feec to � point on a :urve concave to the wese, sud curve being non-tangent �o �he pceceeding course and having a radius of 384.26 feet,the center of which bears S 65°25'36"W; thence southerly along said curve�hrough a cencrzl angle of 36°45'26'an arc discanc�of 257.38 feec; chence S 13°48'14"W 114.90 feet to a curve concave to che northwesc having a radius of Z04.57 fee�; thence souchwesterly along sud curve�hrough s cer.crsl angle of 45'S0'S7"an arc dis�ance of 163.70 feet; thence$59'39'I 1"W 90.32 feet; thence S 51°45'16"W 61.54 feet to a curve concave�o the e�.tt having a ndius of 105.00 feec; thence southeriy along sud curve through a cencrzl angle of 36°56'32"an arc distance of 159.33 feec; thence S 35°11'09"E 88.78 feec; thence S 54°03'S7" E Z72.92 feet; thence S 52°24'00" E 185.41 Eeec; thence S�S°28'15"E i2.03 Eeet to the eyst line of szid Lot 2; chence S 40°47'36" W along said e�t line 72.32 feet to�he crue point of beginning. Contains 90,418 square feet of land,more or less. B-1 EXHIBIT B CONTINUED MAP EXHIBIT Projec� Springbrook lndustrial Ceater Pm: 247a"04-9020 Grantar. Opus Northwest,L.L.C. STR: 242304 Sheet Intersection: Raymond and S.W. 19th 22 10 9 � ��► 23 9 8 ti 24� 7 '� , 25 �ee I:ne sad C���r Tab3e�on Follow�ing Skect � :r� g !"� � r,� 26 P,� �"'� 5 � � 27 4 28 �'_��' ioo 3 29 �� � ( IN FEET ) 2 30 1 South Corner of Lot 2� B-2 EXHIBIT B CONTINUED MAP EXHIBIT Projec� Spriagbrook ludusu�ial Canur PID: 2423049020 Gcantor. Opus�Tortt�west,L.L.C. STR: ?4tiO4 S�eet Inursecrion: Raymond and S.W. 19th 17 Northwest Corner of Lot 2"� 'g Ltee Tabit 18 tn s se,.t.� aa.(m 15 i N srar.r w 3z.aa J 2 N SS'2l13'W p.16 �9 �ry 3 N SMI'00"W Ii6.02 . �J N S•'hl'Sr w 2To.3� 14 '�\ ` � ` N)S'11'09'W iid.17 � j� 6 N 2�•14`2!'W dt.�E � E N SO Ot'30"E I07.69 \ � 9 N SI•�S'16'E 6i.97 � f�� 10 N 59'39'11'E 93.JE � 12 N Il•ti'11'E 114.90 � 11 N 27`17'70'W 1 W.SO � IS N 2E']2'10"W 63.10 13 16 N 20'SI'33'W �I.EO Curve Table 20 17 S E7'26'�3'E 110.00 IS S)7'01'21'W t2.90 ID M RaGe(Iq Ce�tnl A�le Are Le�N 19 S 2]•4T'30'E %.�) 7 33.7E SMO'2E' 32.69 2I S t3'4i'14"W I11.90 It 154.57 •S•SO'ST 123.69 ZJ S 59'39'I I'W 90.32 17 73�.26 l6•45`26" 2t4.0 2� S SI•�S'16'W 61.31 20 38t26 36•�S'26' 237.3E 26 S 35•11'09'E 8i.7s 22 204.57 a5•50'ST 163.70 12 2� S 31'03'ST E 272.92 ZS 105.00 E6•56'32' I39.J3 2� 23 S 52'2�'00"E I E5.41 zv sss-za•is-E rl.o� / 3o S 00'47'36'W n.3z . it � 22 0 1'=�00• ,00 � 10 I � ( [N f'EET ) � 9 Oy 23 8 y / 24 � B-3