HomeMy WebLinkAboutE 20051021000895 ,
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AFTER RECORDING RETURN TO:
Return Address:
City Clerk's Office
Ci ty of Renton
1055 South Grady Way 20051021000895
Renton 4JA 98055
CITY OF RENTON EAS 43.00
PAGE001 OF 012
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PEDESTRIAN WALKWAY EASEMENT AGREEMENT
GRANTOR: THE BRISTOL AT SOUTHPORT, LLC, a Washington limited
liability company
GRANTEE: CITY OF RENTON, a Washington municipal corporation
LEGAL DESCRIPTION Lot 2 of City of Renton Short Plat No. LUA-99-134-SHPL,
(Grantor Property): recorded under AFN 20000131900006
Additional Legals on pp. 9-12
ASSESSORS' TAX
PARCEL ID NO. (Grantor
Property): 0523059076
REFERENCE NO.: �- a.pC��`�C..,�(aZ-�
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THIS PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"),
effective this �'� day of�r�fd�, 2005, is made by and between THE BRISTOL
AT SOUTHPORT, LLC, a Washington limited liability company ("Grantor"), and CITY OF
RENTON, a Washington municipal corporation("Grantee").
RECITALS
A. Grantor is the owner of real property located in King County, Washington
legally described on Exhibit A attached hereto (the "Grantor Property").
B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated
by Grantee, is located northeasterly of the Grantor Property (the "Park"). The Park contains a
public walkway, a portion of which is along the southern shoreline of Lake Washington (the
"Walkway").
C. Grantee desires to extend the Walkway from the Park across a portion of the
Grantor Property.
D. Grantor has agreed to grant an easement across that portion of the Grantor
Property depicted on Exhibit B attached hereto and legally described in Exhibit C attached
hereto (the "Easement Area") for the purpose of operating and maintaining a public walkway
for pedestrian use subject to the terms and conditions set forth herein.
AGREEMENT
In furtherance of the Recitals set forth above, which are incorporated herein by
reference, and in consideration of the mutual promises and covenants set forth below, and for
other good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Grant of Easement. Grantor hereby conveys and quitclaims to Grantee a
perpetual, non-exclusive easement over, across, and upon the Easement Area for the purpose
of operating and maintaining a public walkway for pedestrian use.
This Easement shall include the right to access by the Grantee (including its
employees, agents and contractors) over the surface of the Easement Area as necessary for the
Grantee to satisfy its maintenance and repair obligations as set forth in Section 5, including
inspection at reasonable intervals.
2. Reservation of Ri�hts. Grantor reserves the right to use the Easement Area in
order to construct, maintain, operate, or repair any of Grantor's improvements and/or uses on
the Grantor Property. This reservation shall include, but not be limited to, the right to: (a) to
maintain, inspect, repair, replace, and operate any below-ground utilities located now or in the
future within the Easement Area; (b) to temporarily block or interrupt access to the Easement
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Area for vehicle loading/unloading, deliveries, maintenance vehicles, and/or emergency
vehicles; and (c) to block access to the Easement Area for up to 24 consecutive hours, or
longer with the prior written approval of Grantee, for special events on the Grantor Property,
including, but not limited to, concerts, weddings, and conventions. The reservation set forth
in subsection 2(c) above shall apply only until the City or a third party designated by the City
completes construction of the Sam Chastain Waterfront Trail extension trail between point A
and point B as shown on Exhibit D hereto, and only so long as such trail remains open to the
public and is maintained in a good and functional condition. Grantor further reserves the right
to use the Easement Area for any other purposes not inconsistent with the easement rights
granted in Section 1, provided that such other uses do not unreasonably interfere with
Grantee's use of the Easement Area.
3. Limitations on Easement. The easement rights granted in Section 1 above are
further limited as follows:
A. The easement rights granted herein may be exercised only during those
hours when Gene Coulon Park is open to the public, as may be modified from time to time.
B. The easement rights granted herein are limited to pedestrian
connectivity only. Such rights do not include any rights of assembly, speech, demonstration,
or petition, and does not authorize exhibiting any placard, signs or notices, distributing any
circular, handbill, placard, or booklet, soliciting membership or contributions, parading,
picketing or loitering.
C. The easement rights granted herein do not include the right to ingest,
sell or distribute alcohol within the Easement Area.
D. Except as provided in Paragraph 5 below, Grantee shall not have the
right to make any temporary or permanent improvements, including installing landscaping,
benches, signage, or other above-grade structures, within the Easement Area without the prior
written consent of the Grantor.
4. Improvement of Easement Area. As of the date of this Easement, Grantor has
designed and constructed an at-grade pedestrian walkway over the Easement Area
("Permanent Walkway").
5. Maintenance of Easement Area. Grantee shall maintain and repair the
Easement Area at its sole cost and expense. This responsibility shall include the obligation to
replace the Permanent Walkway, as needed; provided that, Grantee shall submit its schematic
plans and construction details for any proposed replacement of all or any portion of the
Permanent Walkway to Grantor at least sixty (60) days before commencing construction, and
Grantee must obtain Grantor's prior written consent to any such plans and details before
commencing construction.
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Grantee's maintenance, repair and replacement obligations shall be performed
consistent with the following conditions and restrictions:
A. The Grantee shall maintain the Easement Area to a level consistent
with the quality of other improvements on the Grantor Property, but in no event shall that
level fall below the standards for other pedestrian walkways maintained by Grantee along the
Lake Washington shoreline and/or other parks owned or managed by Grantee.
B. Grantee shall perform all maintenance, repair and/or replacement work
in a careful, warkmanlike manner, free of claims or liens.
C. Grantee shall perform all maintenance, repair and/or replacement wark
in a manner so as not to unreasonably interfere with the use and enjoyment of the remainder
of the Grantor Property.
D. Grantee shall perform all maintenance, repair and/or replacement work
in a manner so as not to unreasonably block pedestrian or vehicular access to, from, and/or
across the Easement Area by the Grantor, its successors, assigns, lessees, sublessees, tenants,
subtenants, invitees, employees, contractors or agents.
E. Grantee shall perform all maintenance, repair and/or replacement wark
in a manner so as not to block any views from the Grantor Property of Lake Washington
without first obtaining the prior written consent of the Grantor.
F. Grantee shall perform all maintenance, repair and/or replacement work
in a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or
replacement work in the Easement Area, Grantee shall continue such work through
completion without any unreasonable delay.
The foregoing shall not prevent Grantor from also maintaining portions of the
Easement Area if Grantor elects to do so (but without any obligation of Grantor to do so).
6. Relocation of Easement Area. Grantor shall have the right to relocate the
Easement Area from time to time in connection with a general improvement plan for the
Grantor Property, provided that the new location of the Easement Area shall be no more than
20 feet from the location set forth in Exhibits B and C, and shall be sufficient to serve the
Grantee for the same purposes and in the same manner as the location designated in this
Easement; and provided further that the Grantor shall not block or close access to the
Easement Area depicted and legally described in Exhibits B and C until Grantor has opened
the relocated easement area to the public for use as a public walkway for pedestrian use.
Grantor shall perform any such relocation at its sole cost and expense. Upon such relocation,
and at the request of Grantor, Grantor and Grantee shall amend this Easement to specify the
new location of the Easement Area.
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7. Easements Run with the Land. The grant of the foregoing easement shall run
with the land and inure to the benefit and be binding upon the successors and assigns of
Grantee and Grantor, respectively, and shall bind the Grantor Property as the subservient
tenement and benefit the Park as the dominant tenement, for so long as the Park remains open
to the public.
8. Breach. In the event of any breach or threatened breach of this Easement by the
Grantor or Grantee, the non-defaulting party shall have the right to sue for damages andlor for
specific performance and/or to enjoin such breach or threatened breach.
9. Risk of Dama�. Any use of the Grantor Property, including the Easement
Area, by Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees,
employees, contractors or agents (the "Benefited Parties") shall be deemed to be at the risk of
the person or entity using the same, and Grantor shall not be liable or responsible for any
damage to property or injury to person or loss of life that may result to Grantee, and/or the
Benefited Parties, or any other person, except to the extent caused by the gross negligence of
the Grantor, or its agents or employees. Grantee and/or any of the Benefited Parties shall not
commit waste or create or permit nuisances on the Easement Area. Grantee accepts the
Easement Area in its present condition, "AS-IS," and Grantor shall have no duties to Grantee,
except as provided in Section 4 above, regarding the condition of the Easement Area.
10. Indemnification. Grantee hereby releases, indemnifies and promises to defend
and save harmless Grantor from and against any and all liability, loss, damage, expense,
actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in
defense thereof, asserted or arising directly or indirectly on account of or out of acts or
omissions of Grantee in the exercise of the rights granted herein andlor in connection with or
arising from the use of the Easement Area; provided however this paragraph does not purport
to indemnify Grantor against liability for damages arising out of bodily injury to persons or
damage to property caused by or resulting from the gross negligence or willful misconduct of
Grantor, or its agents or employees.
If a court of competent jurisdiction determines that this Easement is subject to the
provisions of RCW §4.24.115, the parties agree that the indemnity provisions in this
Easement shall be deemed amended to conform to said statute and liability shall be allocated
as provided therein.
11. Insurance. Grantee and/or its contractors, employees and agents working on
the Grantor Property or Easement Area shall maintain in full force and effect during the term
of this Easement a policy of commercial general liability and property damage insurance
related to the Easement Area and the City's use or occupancy thereof in a form acceptable to
Grantor and with a minimum limit of $5,000,000 per occurrence under which policy the
Grantor is an additional insured.
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12. Hazardous Materials. In no event shall the Grantee store, dispose, release, or
discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on
the Grantor Property or the Easement Area. "Hazardous Materials" means any (a) petroleum
products or by-products; (b) all hazardous or toxic substances, wastes or materials or
pollutants, including hazardous substances as defined by §101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, and/or the
Washington State Model Toxic Control Act, RCW §70.105.010, as amended; and (c) any
other chemical, pollutant or material which is regulated by any federal, state or local
governmental agency or authority under any environmental laws. Notwithstanding the
foregoing, Hazardous Materials shall not be defined to include fuel or lubricants necessary for
the operation of Grantee's maintenance vehicles, inspection vehicles or maintenance
equipment, provided that such materials are used in accordance with any and all applicable
Hazardous Material laws, and are handled in a reasonably prudent manner.
13. General Provisions.
13.1 Notices. Any notice, request, approval, consent, or other
communication required or permitted to be given by any party to any other hereunder shall be
in writing and shall be deemed to have been duly given when delivered personally or by
overnight courier; or received following deposit as prepaid certified mail (return receipt
requested) with the United States Postal Service; and addressed to the appropriate party at its
address set forth below, or at such other address as such party shall have last designated by
notice to the other.
GRANTOR: c/o The Bristol at Southport, LLC
1083 Lake Washington Blvd. North, Suite 50
Renton, Washington 98056
GRANTEE: City of Renton
1055 S. Grady Way
Renton, Washington 98055
13.2 Attorneys' Fees. If any suit or other proceeding is instituted by any of
the parties to this Easement arising out of or pertaining to this Easement, the substantially
prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and
expenses incurred from the substantially nonprevailing party, in addition to such other
available relief.
13.3 Entire Agreement. This Easement constitutes the entire agreement of
the parties hereto with respect to the matters dealt with herein, and supersedes all prior
correspondence, agreements and/or understandings, both verbal and written, not contained in
this Agreement. This Easement shall not be modified unless done so in writing and signed by
both parties.
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13.4 Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the state of Washington.
13.5 No Abandonment. Failure to act by either party under this Easement
shall not constitute abandonment of the Easement.
13.6 Severabilitv. The invalidity of any provision of this Easement as
determined by a court of competent jurisdiction, shall in no way affect the validity of any
other provision hereof.
IN WITNESS WHEREOF, this Easement is executed by the parties, intending to be
legally bound, effective as of the date first written above.
GRANTOR: GRANTEE:
THE BRISTOL AT SOUTHPORT, LLC, a CITY OF RENTON, a Washington
Washington limited liability company municipal corporation
By: Seco Develop t, Inc s manager By: �� / , 1
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By: Name:
Mich . C � , resident Kathy Keolker-Wheeler
Its: Mayor
Attest: � (�(J����
Bonnie I. Walton, City Clerk
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Michael P. Christ is the person
who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the President of Seco Development, Inc., a Washington corporation, the
Manager of THE BRISTOL AT SOUTHPORT, LLC, a Washington limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
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Dated th��`� L;C��Ci y�� y of : 1. � T , 2005.
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�i,���"wA,;`���` Notary public ir�an�qr th� state of Washington,
residing at �'� ��
My appointment expires r� .�9• ��
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that K�tfGly �e0«/'-l�Jheelcr
is the person who appeared before me, and said person acknowledged that said person signed
this instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the �Q 0 Y of CITY OF RENTON, a Washington
municipal corporation, to be the ree and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated this 5�' day of D��ob�r , 2005.
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- 8 -
EXHIBIT A
TO EASEMENT AGREEMENT
Le�al Description of Gr�ntor Prapertv
Lot 2,City of Renton Short Plan No. LUA-99-134-SHPL, according to the Short Plat recorded
Januazy 31,2000,under AFN 20000131900006, in King County,Washington.
EXH�BIT B - LaT 2
T4 EASEMENT AGREEMENT
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SITUATE IN TFE CITY OR RENTON,
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Bl1SH,ROE[3&}fITCHING$,INC.
CNfL EN(i1NEERS d�UINU SUR1lEYORS
?0091iA1ti0ii AYE E. (208)323-4144
SEATTLE,WA 98102-3513
BRN JOB NO.89036.11 3-17-05
REYISED T-13-OS
PEDESTRIAN WALKWAY EASEMENT SKETCH
PREPARED FOR: SECO DEVELOPME�iT, tNC.
SOUTHPORT PROJECT
EXHIBIT C - LOT 2
TO EASEMENT AGREEMENT
DESCRIPTI4N
PEDESTRIAN WALKWAY EASEMENT
THAT PORTTON OF LOT 2, CITY OF RENTON SHORT PLAT N0. LUA-99-134—
SHPL, RECORDED UNDER RECORDING N0. 20000131900006, RECORDS OF
KING COUNTY, WASHINGTQN, LYING WITHIN A STRIP OF LAND 25.00 FEET
TN WIDTH, THE NORTHWESTERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2, THENCE
SOUTH 40°I3'26" EAST 0.03 FOOT ALONG THE SOUTHWESTERI,Y LINE
THEREOF TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 46°54 'OQ" EAST 134.01 FEET;
THENCE NpRTH 82°54'15" EAST 36.36 FEET;
THENCE NORTH 49°17' S�" EAST 53.93 FEET TO THE NORTHEASTERLY LINE
OF SAID LOT 2 AND THE TERMINUS 0�' SAIQ LINE DESCRTBED HEREIN AND
FROM SAID TERMINUS THE MOST NORTHERLY CORNER OF SAID LOT 2 BEARS
NORTH 93°07 '33" wEST, 23.61 FEET DISTANT.
THE SOUTHEASTERLY LINE QF THIS EASEMENT SHALL BE SO SHORTENED OR
LENGTHENED SO AS TO MEET AT A[VGLE POINTS AND TERMINATE IN SAID
SOUTHWESTERLY AND NORTHEASTERLY LINES dF LOT 2.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, LYING IN
THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 23 130RTH, RANGE 5 EAST, inI.M.
_. e. \ SECO DEVELOPi�1ENT, INC.
����:t� SOUTHPORT
JOHANN G. WASSERMANN, P.L.S.
�; BRH JOB NO. 99036.06
NOVEMBER 14, 2000
REVISED APRIL 7,20Q5
REVISED JULY 13, 2005
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2009 MINOR AVENUE EAST
-� j3�d� SEATTLE, WA 98102
(206) 323-41�9
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