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Home My WebLink AboutE 20001220000034 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 20001220000034 CITY OF RENTON EAS 19.00 PAGE 001 OF 012 12/20/2000 08:56 KING COUNTY, WA Title: DRAINAGE EASEMENT AND Parcel Numbers: 162305-9027, 9048 and 9131 MAINTENANCE AGREEMENT Project File#: SPW-27-2831 Project: Sunnydale Downstream Storm System Replacement This instrument hereby terminates and supercedes the previously-executed, unrecorded Drainage and Maintenance Agreement dated April 30, 1984 that is attached hereto as pages 8-12 hereof. Grantor(s): Grantee(s): 1. La Pianta LLC, a Washington limited liability company City of Renton,a Municipal Corporation _+ �'-' The Grantor, for and in consideration of mutual benefits,hereby grants andlor reaffirms to the 0 o Grantee a non-exclusive access and drainage easement over, under, along and across the property �' (the "Easement Areas")Portions of Government Lots i and 2,portior�o:the SV;' 1;4, u:.d�ortions of � o the SE 1/4, all in Section 16, Township 23 North, Range 5 East,W.M.,King County,Washington, � legally described on Exhibit A(attached hereto as page 3 hereo fl and graphically depicted on c.► Exhibit B (attached hereto as pages 4, 5 and 6 hereo� for the purpose of maintaining, operating, � repairing, altering,replacing,reconstructing and ex7anding an existing storm drainage system lying Q within the Easement Areas with all necessary appurtenances. This easement is granted subject to the o following terms and conditions: N 1. Grantee shall, at its own cost and expense, operaie,maintain,repair, alter,replace,reconstruct and expand the said existing storm drainage system as it may be further expanded, and shall do all things necessary to keep said drainage system open and properly functioning at all times. This includes, without limitation, cleaning the drainage ditch(es),maintaining the pipes and culverts, and removing silt from the ditch(es) and drainage system ponds as may be reasonably required from time-to-time. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon said Easement Areas for the purpose of operating, maintaining,repairing, altering,replacing,reconstructing ar expanding said storm drainage system or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Easement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's Page 1 r entry upon the Easement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Easement Areas or performing work thereon. Grantee agrees to keep the Easement Area free of liens or encumbrances arising out of any of the work performed on the Easement Area pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise,arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area of the drainage ditch(es)constructed within the Easement Areas(including without limitation the right to replace the ditch(es)with a culvert and filling and paving over the ditch(es)),provided that(a)said use may not interfere with storm drainage conveyance, (b)no permanent buildings or structures (other than roadway and utility crossings) may be erected on or over said drainage ditch(es) and (c) said use must be in accordance with applicable federal, state and local law. Grantor, for the benefit of Grantor's abutting property, shall also have the right to jointly use any maintenance roads that Grantee has or may construct on the Easement Areas and shall be entitled to further improve such roads in connection with the development and use of the Easement Areas and of Grantor's adjacent property. This easement and maintenance agreement shall run with the land described herein and shall be binding upon and inure to the benefit of the parties, their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above-referenced Easement Areas and that it has a good and lawful right to execute this agreement. _-. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this � day of December,2000. 0 " LA PIANTA LLC a Washin ton limited liabilit com an o � g Y P Y �� ,� By: METRO LAND DEVELOPMENT,INC.,its Manager r.,, ,e,;,.,.`�;" �`,�•;r,,-., �--- \��.�.t ��;�t��`.,"�'�.,,. By• • \\`\\.��+yM` _i.��,�.�'°��q��%/� � f�~ Q M.A. Segale,Pr ident � y% o � �k� � p = �,,..:s � � Approved,Agreed-To and Accepted by Grantee: �� ;�,�� r � — �.,� ; CITY OF RENTON ' �� ,` �, �� l�4' �� \��` ��j�,, '�„ � .� ��L7:� \��`� }qi� ��\`.��\ �'.'„'r'q�y,�;:i�� .t�� By: �. ` .-r J Jes anner,Mayor Attest: M ri Petersen,City Clerk Page 2 . , . STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this �day of December, 2000, before me, the undersigned, a Notary Public in and for the State of Washington, dul commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development,Inc.,a Washington corporation,Manager of La Pianta LLC,the limited liability company that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the coiporarion was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. �+,��a�e��yi .. ,y, p L11 � C)P�w�ee��`�� }� « J .•'��1Gi,� ''•. 'S t � `��:�}`� ��.�.�?� �j� (S gn re ofNota i � � �j�i�� ; '�i j �V «e � : / • � � / i �ls : �?( : �. (Print or stamp name o Notary) % ..1 : �It��.t'j o '� �r ,��j��'+�'•,�� Y 1, �o°1 a�''�d NOTARY PUBLIC in and fo he St � `,i�F� �"""-""""��''��-=Y of Washington,residing at /t� �t1�y��``��,,;" My appointment expires: lj�.. STATE OF WASHINGTON ) )ss. + COUNTY OF KING ) �� c �" I certify that on the day of , 2000 JESSE TANNER 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 r� and foregoing insmiment and aclrnowledged the said instrument to be the free and voluntary act of said City far the uses �� and purposed therein menrioned,and on oath stated that he was authorized to execute such instrument,and that the seal �' affixed,if any,is the corporate seal of said City. � 0 0 � (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: \�Ivficron\D\CF�2418\004\Renton Easement�Notary Block.wpd Page 3 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREAS Parcels A,B,C and D situated in Section 16,Township 23 N,Range 5 E,W.M.in King County,Washington,more particularly described as follows: Parcel A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 70.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89°00'S3"WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT I AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITHIN THE MAPLE VALLEY HIGHWAY A.K.A.SR 169. Parcel B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 80.00 FEET IN WIDTH THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89°00'S3"WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE. Parcel C: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH O1°04' 10"EAST ALONG THE WEST LINE THEREOF 80.00 FEET TO THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID SUBDIVISION; ,+ THENCE SOUTH 89°00'S3"EAST ALONG SAID NORTH LINE 320.00 FEET; �,-, THENCE NORTH 00°�9'07"EAST 70.00 FEET TO TH�Iv'ORTH LINE OF THE SOUTH 150.00 c� FEET OF SAID SUBDIVISION; c THENCE SOUTH 89°00'S3"EAST ALONG SAID NORTH LINE 200.00 FEET; � THENCE SOUTH 00°59'07"WEST 90.00 FEET TO THE NORTH LINE OF THE SOUTH 60.00 `-� FEET OF SAID SUBDIVISION; THENCE SOUTH 89°00'S3"EAST 806.80 FEET TO THE EAST LINE OF SAID SUBDIVISION; �'`� THENCE SOUTH O1°04'18"WEST ALONG SAID EAST LINE 60.00 FEET TO THE SOUTH LINE � OF SAID SUBDIVISION; THENCE NORTH 89°00'S3"WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1326.82 a FEET TO THE POINT OF BEGINNING. a c�v Parcel D: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89°00'S3"EAST ALONG THE SOUTH L1NE THEREOF 270.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89°00'S3"EAST 640.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITH THE PLAT OF MAPLEWOOD DNISION 2 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF PLATS AT PAGE 39,RECORDS OF KING COUNTY,WASHINGTON. Page 4 � � SEC. 16, T l��P. I 23 N., RGE. 5 c., V✓.M. � �°� ' � • �� °�`.� �� . �`�. � . . �.`. ,�,,..... .....�� .�~ �� 76 15 �� ,� ,� � � — � - - � - - � � � . . — . . — . . — . . T . . — � - - � - - � � o . . � . . � � I I I � 3 . 5��'I��¢ I , � 1 1 � � d Q I : PARCEL C SE.��4 I � W � � { � � �-. - PARCEL B ; : SCALE:NTS ! � � � . . _�. —r —L � ._ . .,_ . . _...s_ . . ___�__ . . — . . — . . '— . . � � Q W o -_ . . � . u+ Q' z �� ' PARCEL A ' � �' a ' I PARCEL D �� I 1 I �J o �,�:, . • . �. THIS EXHIBIT F�L+.S BEEN PREPARED TO ASSIST IN � I I � THE INTERPRETATION OF THE LEGAL I • , • DESCRIPTION. THE LEGAL DESCRIPTION SHALL • �'�� • HRL PREVAIL IF CONFLICTING INFORtJl,1TION BETWEEN �I c►�no-6.� 1: 9LUE ` I I THE LEGAL DESCRIPTION AND THE EXFiIBIT ARE 1 nl�� %i%oou� . . FOUND. , • , ' ' SCLL• POPb:N7S . • T¢f_ 17 16 � . 1 � . 16 15 . _ . . _ . . � . . . _ . . _ . . _ . . 10BT�18 2D 21 21 . . _ . . _ . . � . . . _ . . .._ . . _ . � . Q�-022 21 22 ��.�� 1 or 3 � , i � �Ja � � � ZZl ��Z � � � SEC. 16, TWP. 23 N., �4GE. 5 E., V✓.M. ; S W� �/4 �„�,m �� V rM� Lvti� I 4T 1+�� _ � uY II�Y�■ Or.l�M fi�� l��J� O � L 1� �wa1+�� Q � � o� ,o.00• PARCEL C � W y � N0059'07"E � NTS � � 3 I 90.00' � Q PARCEL B N0059�o��E � k � . • O W � � - N89'00'S3"'V✓ N89'00'S3"'{�✓ 60.00 � 320.00" 200.00' 806.80' Z � � � N89'00'S3'"lv .. � -, � 300.00' 1326.82� � 270.00' . 640.00 !� W W � 34' +/— 80.00' S89'00"53"'E ' '1_ �_ _ � W � � 57' +/— • / J o U HVPE � PARCEL A PARCEL D ~ (SR 169) ` l �u.uc� D. H/LL nmc.a�: UDA. ✓. BLU£ THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN �'� 8. FREE��N ' TFiE INTERpRETATION OF THE LEGAL DsrsiL BOR�:NTS . DESCRIPTION.�THE,LEGAL DESCRIPTION SHALL �= PREVAIL IF CONFLICTING INFORMATION BE1'WEEN �oa nti� I THE LEGAL DESCRIPTION AND THE EXHIBIT ARE 00-022 FOUND. I �h�� 2 or 3 � ; � � O � GO Z � i G00� � U SEC. lo, TWP. 23 N., RGE. 5 E.,� W.M. _ I s�un�so«..,m d.:� SE . �/4 L�. �� PARCEL C . "�� a n.�..w --- O W ~ 9�.�� C! N00 59'07"E � � y � � 3 .3„�, 60.00' o � Q 806.80' Z ' {�� e� ` N89'00"53""V✓ u v � � 270.00' 1326.82' — — 640.00' W -_ S89 00"53"'E . .'�— . . .� : . . . . . . . — . � �. NTS � � ~ • � � � � x I PARCEL D `" m W 4 ( � o . � � . U THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN 1 THE INTERPRETATION OF THE LEGAL �'�acrx D. r.2C DCS1G!�79: DESCRIPTION. THE LEGAL DESCRIPTION SHALL un� ✓. BcuE PREVAIL IF CONFLICTING INFORMATION BENVEEN �'� e. F�E£Ma�+ , , THE LEGAL DESCRIPTION AND THE EXHIBIT ARE Drr� e/�s/oo FOUND. � H�N� 10B A'Ul�lS I I ��-022 � s�t r�ea 3 or 3 ' � GUUIi � `J LG � tlU�b DRAI�AG� AND MAINTENANC� AGRGGMrNT (PI2LVIOLTS) ��. TIITS AGRGL•'M�taT made and entered into thi, � day ot •� , 19E34, by and between THOMAS F. McMAt10tJ, Personal Representative of the Estate of John C. Edwards and the �state oP Anna G. b]cMahon, Deceased, and Rainier Sand and Gravel, Inc. , a Washington corporation, (hereinafter referred to collectively as "Grantor") , and THE CITY OI' R�NTON, a municipal corporation, (hereinafter referred to as "Grantee") . W I T N � S S E T il: W}i�REAS, Grantor is the owner of certain real property in the City of Renton, and more particularly described herein, �� upon which is located a temporary storm drainage system for the m � purpose of draining surface water from surrounding property; a Q and 0 e� c•IH�R�AS, The City of Renton is desirous oL obtaining a � right of entry onto Grantor's property for the purpose ot • N � maintaining, operating, repairing and replacing said drainage 0 o system; and a � WIIER�AS," Grantor is willing to grant the City of Renton a right of entry upon the terms and conditions hereinafter set � forth. ' • t�OtiJ, TI1�R�I'OR�, in consideration ot the mutual covenants . and agreements herein contained, the partics agrce as follows: 1. Grantor, by this agreement, does hereby grant to Grantcc a ci�i�l• of acce,s ovcr, throu�7h, acro�� anc9 ui�on tl�c rcal �roperty hereinaftcr described, for thc purposc oL maintaining, operating, rc�airing, altcring, rcplacing, or reconstructing an existing storm drainage system wil•h all neces�ary appurtenances. Said property is located in the City Page 8 of Renton, Kin� County, IYasl�ington, and is more particularly dcscribed as follows: A parcel of land situate in the S1V 1/4 of Section 16, Township 23 N, Range S E, more particularly described as follows: The S. 150.00' of thc NG 1/4 of the SW 1/4 of Section 16, Township 23 N, Range S E, IV.M. , K'ing County, IVashin�ton. TOGGTHCR witli the S 150.00' of the L 440.00' of Govcrn- ment Lot 1 , Scction 16, Township 23 N, Rangc 5 L, IV.p1. , hing County, k'ashin�ton. TOG�THER with the N 70.00' of the E 440.00' of Govern- ment Lot 2, Section 1G, Township 23 N, Ran�c 5 G, IV.1�1. , King County, N'ashington, less SR-169. TOGETH�R with the cast 350.00 feet of the west 850.00 . feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Towns}�ip 23 N. , Range S E, h'illamettc Dleridian, King County, �9ashington. 2. In consideration for the right of access herein granted, Grantee agrees, at its own cost and cxpense, to • operate, maintain, repair, alter, replace and reconstruct tl�e said storm drainage system, and do all things necessary to _+ - cn. kcc�� said drainagc systcm open and properly functionin� at 0 o all times. Tliis includes, without limitation, the cleaning 0 �` of the drainage ditch, the maintenance of pipes and culverts, 0 � and removal of silt from the ditch and siltation ponds as may � .-- bc rcasonably required from time to timc. C' 3. Grantee shall have tlie right, witl�out prior � o 0 � institution of any suit or proceedings at law, at such times as may be nccessar}�, to enter upon said property for the pur- ' ��ose of operatin�, maintaining, repairing, altcring, replacing or reconstructin� said storm drainage system or makin� any connections tlieretiaitli, without incurring any legal obligation or liability on account of sucli cntry, provided, liowcvcr, tliat su�i� e�itry aii� all work performed pursuant to this agrcemcnt shall be accomplished in a workmanlike manner, and in a way which will not clisturU, Jamage or destroy the imProvements on tlic property. In the event any of the improvemcnts are disturUcd, damaFe� or destroyed, Grantce agrecs to immcdiatcl�� Page 9 .� . . ' � . � restore the same to the condition such improvements were in prior to Grantee's entry upon the property. 4. Grantee shall provide reasonable notice to Grantor prior to entering the property or performing work thercon. Grantce agrees to kcep the property frce of liens or encumbrances arising out of any of the work pertormed on the property pursuant to this agreement. Grantee Eurther agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, £or personal injury, property damage or 'otherwisc, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surPace of the drainage ditch, so long as said use does not interfere with �.+ M storm draina c and �o lon as no Q 9 g permanent buildin9s or � structures are erected on or over said drainage ditcli. � 0 o G. Grantor and Grantee acknowledge that the existin9 cv draina9e system located on Grantor's property is a temporary cv �' system which may be substantially altered or eliminated �' entirely at such time as the subject property is developed. 0 0 � Nothing herein contained shall be construed nor is inrended to be construed as in any way oreventing or precludin9 Grantor from developing thc subject property, provided the exisCing drainage system is maintained, a suitable replacement drainage system is constructed, or surface water drainage is otherwise adequately provided for in a manner consistent with applicable statc and local laws and ordinances. 7. This agreement shall be binding upon and the benetits thereof shall inure to the parties, their heirs, successors, assi9ns and personal representatives. . Page 10 '� : , . 1 . IN WITNESS WI{ER�OI', the pa[ties hereto have set their hands thc day and year tirst abovc written. GRANTOR: �STATE OF JOIIN C. ED�•IARDS ny,��M �'' YYrn` YY�� Thomas F. MCMat�on, Administra�or �STATE OF ANNA G. Mch1AIlON ny�'��-�y�., �(` (1'1' Ylrn�-�ti... � Thomas I'. hlchlahon, Exccutor RAINIER SAND AND GR11V�L, INC. IIy�-�r�� f rn•_�n�t�� Its Presidcnt + � GRANT�E: TH� CITY OF RENTON a 0 o - �, `. �-. • � IIy" �« _ � • �-�� . - �..� STAT� OI' WAS1iINGTON ) � �.,, ) s s. �--- COUNTY OI' KING ) � On this��C) day of �r�j�•( __ , 19a4, bcEore mc a personally appeared TfIOMA�. i. McMAHON, to me known to be the � individual described in and who executed the within and foregoing instrument, and acknowledged that hc signed the samc as his free and voluntary act and deed Lor the uses and purposes therein mentioned. GIVGN under my hand and official scal the day and year first above written. ^ / �/ ` / � � /;/� �i ��- ' /.• '-;��,,.., ./ NOTAItY PUI�LTC jrh ar5d tor the State ot Washin�ron•; residing at ::%. •1��- STnTE UF YJASHINGTON ) ) ss. COUNTY OF KING ) On this .^(.� day of. ��J!%�.( , beCorc mc, thc undersigned, a Notary Public iin and tor thc Slatc ot Washin9ton, duly commissioned and sworn, personally appcared TllOhtAS ['. McM1�flON and to mc known to be Page.11 . ' , ,' . � , , the President and , respeclively, of RAINIER SAND AND GRAV�L, iNC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dced of said corporation, tor the uses and purposes therein mentioned, and on oath stated that h�•_ e� authorized to execute thc said instrument and that the seal aEfixed is the corporale scal ot said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. / / , j / •�%-�';/`•--.. NOTARY PUBLIC •t�ri ana for the State of Washington; residing at :�ri.:'��i�� — m 0 0 0 0 0 N C�d r� C� b C � CV ' Page 12