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HomeMy WebLinkAboutA 20010816001754-ter Ln r` Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 20010816001754 PACIFIC NW TIT AG 10'.00 PAGE 001 OF 003 08/16/2001 14:08 KING COUNTY, WA Title: Temporary Construction Property Tax Parcel Number: 242304-909`. 0 � Agreement 1 0 g (� � . Mitigation for SR 405/SR167 Flyover Project r Grantor(s): Grantee(s):�� 1. City of Renton, a Municipal Corporation 1. Washington State Department 9f Txat3 polglation The Grantor, for and in consideration of mutual benefits, does by these presents, grant unto the QfSJite'(!%erei dts successors and assigns, permission to use for public purposes with necessary appurtenances over,ti d�er` &,difj across and upon the following described real estate, for Right -of -Way purposes, situated in the County of King.M4a of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24, Town�ship '23"North, Range 4 East, W.M., in King County, Washington described more particularly onth etaExhibit "A" page 3 hereof. 0-pN ' z Lt Z3-o,4- $6eif5 For the purpose of planting, installing, repairing, replacing, maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and;it std a1 f tzf et 2 ethic species according to the approved project plans and monitoring '� 1. Grantee shall, at its own cost and expense, maintain, replolprl:6 -e k e a"rt ` 'll$do ,all things necessary to keep said project mitigation conforming to the p ii :n i 2. Grantee shall have the right, without prior institution of at, , - c��ed i a f 'r, t� such times as may be necessary, to enter upon said Agreement Areas for the purposeo�iairr`1grepagrg, altering, replacing or making any connections thereto, without incurring any legalUlig-tiori-or lin iIJty°on, account of such entry, provided, however, that such entry and all work performed pursuakt' itp-tb-jNistrument shall be accomplished in a workmanlike manner, and in a way which will not dirt tii'e�eRr�'destroy the improvements on the property. In the event any of�the-impro erne�ts + ' ertt ii'f Areas are disturbed, damaged or destroyed, Grantee agrees toincm"triei fely'r�'t2Sre''tthe condition such improvements were in prior to Grantee's entry upon the Agr ine a' 3. Any damage to Grantor's trail surfaces caused by Grange 4h $ . o" ,er p;�oyees•or agents, shall be repaired at Grantee's expense by saw cutting, removdo, ire aG-e t-p, roces0 a;Nor overlay as required after consultation with Grantor's Parks Department Dir t' ortd� g atedstaff. 4. Grantee shall provide reasonable written notice to Grantor's Parks DepT,,4-;ent-E e tor.prior to entering the Agreement Areas or performing work thereon, and coordinatepl on-goinrmaintenance with Grantor's Parks Department. Grantee agrees to keep the Agreeme uAreas�free.,,of j2ens or encumbrances arising out of any of the work performed on the Agreemexttt- etas pursuant to this agreement. Grantee Pfurther agrees to indemnify and hold harmless Grantor,and against .any and all liability, claims, demands, actions or causes of action whatsoever, fopso�rtyal1��ury,Wproperty damage or otherwise, arising out of or in any way relating to any of the work perforZbd Grantee pursuant,to this agreement. n the right to use the surface area within the Agreement Area -provided that in the event project property is used for anyrother purpose, Gra qr-y-sthali notify Grantee of such provide an alternative mitigatiotitsite in. the v�icmi . r e1'otiation of the mitigation relocation shall be at the sole cost antl*k etfi of'� 3ran�ee` ,ide and post signs indicating thesfl td n`'dseopd ofhtty'w6rk in the Agreement Areas, closure dates, and provide detour rdusfoatiy cloures. signs shall be posted at SW at SW Grady Way trail access;pin The Grantee shall, upon completion of any work within the property covered by the agreement, restore the surface of the agreement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. r This agreement shall become effective upon execution by the Grantor from date hereof, and shall continue through the completion of project construction plus the requisite three-year monitoring period and shall expire - upon the earlier of the end of the monitoring period or December 31, 2006. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 27thday of July , 2001. Approved and Accepted By: Gra (s): City of Renton Grantee(s): Sta of Washington^ OF94r.'� Mevr Jesse Ta r * �, a City Clerk M r' lyn J. P n C-D Y 3 Lm y��IH111NHIrytNIN�� STATE OF WASHINGTON ) rr co ) ss. COUNTY OF KING o I certify that on the 27th day of July , 2001 JESSE TANNER appeared before me C cv 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 and foregoing -instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, 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. 1 HIV _ ,���(Signat4 of Notary) r 1 / N %v ,Suzann A. Lombard 3Print or stamp name of Notary) 5, fill 1 '4j� "" �0_ _ ' NOTARY PUBLIC in and;for the State ill 11 Cp w%� .� of Washington, residing at Seattle My appointment expires: A / 9 / 01 Page 2 I I ry EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION r That portion of the following parcel, BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along the final curve referenced in said parcel description with radius of 9.15 feet, a ; distance of 12.67 feet; �� w Thence S 11'34'46" E, a distance of 311.39 feet; Thence N 78'25' 14" E, a distance of 10 feet, to the True Point of Beginning; I� Thence S 11'34'46" E, a distance of 350 feet; f Thence N 78°25' 14" E, a distance of 29 feet; ? Thence N 11'34'46" W, a distance of 350 feet; Thence S 78°25' 14" W, a distance of 29 feet, more or less, to the True Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24, thence S 00°55'3 ",Q, along the north -south r centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30" E, along said southerly line a distance of 439 feet; f. Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly Margin of a parcel owned by METRO and the True Point of Beginning; , .. Thence along said north margin N 89°04'30" W, a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55' 12" E, with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the porth line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55' 14" W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern -Railroad property S 11°34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43" W, along said southerly line, a distance-o 118.05 feet; Thence N 18°39'08" W, a distance of 100.57 feet; Thence N 77°25'43" E, a distance of 20.43 feet; ` A Thence N 12°48'36" W, a distance of 64.02 feet; z Thence N 11'34'46" W, a distance of 29.75 feet; Thence S 78°25' 14" W, a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46" W, a distance of 783.48 feet; Thence S 78'25' 14" W, a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78125' 14" W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of WashingtZn Technical Center as recorded in Volume 122, pages 98-102, records of King County, Washington. .� r f WSDOT TCE Ugal/tgb/5-30-01 Page 3 I ti f S � , r� t- 0 c= N T003AG 14 08 , WA 6wg17�aM Title Temporary Coirstructionr Property Tax Parcel Number: 242304-9098 Agreement (A 9 6 8? -6 Mitigation for SR 405/SR167 Flyover:Project.:* o Grantor(s): G uAtee(s):7. 1. City of Renton, a Municipal Corporation i .: Washington Statet�epartment of Transportation The Grantor, for and in consideration ofinutual beaefits,:rioes by thise'preserits, grant, unto the Grantee herein, its successors and assigns, permission to use foro public purposes,'wrth necessary appurienarices over, under, through, across and upon the following described real estate, for Right=of-Vlxay purposes, situated'in tiie Countyof K;n$, State of Washington LEGAL DESCKIPTION. A portion of the North. Half of section �4, Tawnship 23;North; RA.nge 4 East, W.M., in King County, Washington described. mare particularly,ou the atUtchod E:khibit "A" page 3 hor..eof For the purpose ofiplanting,.installing, repairing, replacing, maintaining natural riparian habitaf`m th-e vicinity of 0. the Sprmgbibok Creek buffer including the removal of existing invasive plants and installation ofendemic species according to the approved project plans and monitoring 1 .;'` Grantee .shall,at its own'•cost and expense, maintain, replant, alter, replace attd shall do all things necessary to keep said project:.mitigation conforming to the project plan 2' Grantee shall have the Tight, without prior institution of any suit or proceeding at lad, at such times as may be necessary, to'enter upon said Agreement Areas for the purpose of maintaining, repairing, altering, replacing or irial mg any:�connections"thereto, without incurring any legal obligation or liability on account of such entry;; provided; however, that such entry and all work performed pursuant to this instrument shall be accomplished izt:a.Workmanlike manner;; and in a way which will not disturb, damage or destroy the improvements- on the property Iti the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed Grantee agrees to immediately restore the same to the condition such improvements were•iri irior. to Grantee's e'litry:upon the Agreement Areas 3 Any damage to Grantor's tiail siirfages caused' by Grantee, their contractors, employees or agents, shall be repaired at Grantee's expense by saw'euttmg; removal and replacement process and/or overlay as required after consultation with Grantor's Parks Department Director or; iesignated staff 4 Grantee shall provide reasondble,written notice to Grantor's Park$`Department Director prior to entering the Agreement Areas or performing Work thereon, and :.coordinate all on -going maintenance with Grantor's Parks Department Grantee agrees to'keep the Agreement Area§ free. of liens or encumbrances arising out of any of the work performed.on the Agreement Areas pursuant to 'ibis 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 iiijury; property.: damage or otherwise, arising out of or in any way relating to any of the work.perfarined .by Grantee pursuai3rt to this. agreement 5 Grantor shall retain the right to use the surface area within the Agreement Area.:provided that in the event any portion of the project property is used for any othei:$urpose, Grantor shalt notify..:Granfee of such alternate use and provide an alternative mitigation site in the...vicinity ;for .relocation Qt the -initigition project Any such relocation shall beat the sole cost and expense 'of Graiitee. 6 Grantee shall provide and post signs indicating the dates and scope of any work in she Agreement Areas, mcludmg any trail closure dates, and provide detour routes for any closures Stgns`shall be posted at.,$W 7' Street and also at SW Grady Way trail access points Said document was tried tor.' record P accommodation only. It has riot beers examined as to proper execution -or as to its effect upon title cm 0 co V_ ca cm N The -Grantee shall, upon completion of any work within the property covered by the agreement, restore the surface of ihe,.agreement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by ;>the --Grantee., This agreement shall become -effective. upon ,execution by the Grantor from date hereof, and shall continue through the corn-pletion of,projeet constf&tion,plus the requisite three-year monitoring period and shall expire :upRn the; earlier p the. nd.of tha monitorinig;lseriod or December 31, 204b IN WITNESS WHEREOF,said Grantor has caused this. instrument to be executed this 2711day of July �' , 200'l Approved and Accepted By:.. Gra (s): City of Renton 4�.rantee(s)::Sta of-..W.. shington r J,psse T r Vr City Clerk � r . lyn J . P n ��NNI!lNNmll{ STATE OF WASHINGTON ) ) ss COUNTY OF KING:: ) I certi%ythat op.,tfie, 27th day of July , 2001 JESSE TANNER appeared before me and•`Acknowledged that he.;sign®d the-t-ri trument, on oath stated that he was authorized to execute the instrument aid acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that. executed th6; within.,.. and foregoing instrument and acknowledged the said instrument to be the free a)i'd voluritary'act : nd:deed of said City for the uses and purposes therein mentioned, and on oa&,gtated that he was"authorized to,execute such instrument, and that the seal affixed, if any, is the corporate seal,.gf.said City p t� '04 Signa of Notary) ,'Suzann D. Lombard ' Print or stamp name of Notary) _ ,t0 ' NOTARY PUBLIC in and for the State OP 1 WA�-7 of Washington residing at _ Seattl.e•.: My appointment expires 9 / 9 / 01. Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That'portpr of,the following parcel, BEGINNING at the True Point of Beginning of said parcel, ;Thence southeasterly along the final curve referenced in said parcel description with radius of 9 15 feet, a distance of12 67 feet,..,, Thence S l l °34 46"'E, a distance of 3.1•1..,39 feet; ;Thence N'78°25'14" E„a distance of 10 fek, to the True Point of Beginning, `.',hence 11'34'46":,E, g distance'of 350:Aeet, Tlienco:N 7:8°25' 14" E,,.:a distance of 29::feet'" Thence N:41'�4'46" W:* distance of 3'S;0'feet,;.,:..' Thence S 78°2' 14" W, aaistance . 6P29. feet, more or less, to the True Point of Beginning PARCEL: 242304-9098 That portion of the North lialf:of Section:>24,;Township.23:.North, Range,4 East, W M , in Ding County, Washington described as follows BEGINNING at the North Quarter. corner of said`Section,24, thence S, 6Q455'30" W, along the north -south centerline of said Section 24, a distance of 159 1'I feet -,""to a, point lin''the southerly line of a tract of land recorded under King County Recording Number 73011`80480, ., Thence S 89104'30" E, along said southerly lane a.,distat>ce. of 439.:feet;` Thence S 00°55`310" W, a distance of 300 feet to. a point on the northerly margin`©f a parcel owned by METRO and the Trite Point of Beginning, Thence along said north margin N 89°04'30" W, a distance of'238:60 feet, r Thence., 73°04'46" W, a distance of 46 48 feet to a point :of curvature tjie eontei of:;tvhich bears N r 16055'.12" E;`with a radius of 43153 feet, © Thence northerly along said curve 425 13 feet to a point on the north,,,hrle of'the Burlington Northern Railroad property, Thence S.73004'46": E,: along said north line, a distance of 495 13 feet to a point of curvature the center of co which bears-S 16°55':l4" W-with radius of 500 feet, Q Thenae,southeasterly along sand curve 536 69 feet, Thence continuing along the::'easterly Iine �of.said Burlington Northern Railroad property S 11034'46"E , a distance of 135161. feet:to;�he southerly line of the former Burlington Northern Railroad right of way, � Thence S 77°25'43":.W, along gaid southerly line, A distance of 118 05 feet, Thence N 18°39'08' W, a distance d 100 57:. eet; Thence N 77°25'43" E, a distance of 20 43 feet,.: Thence N 12°48'36" W, a distance of"64 02 feet, Thence N 11°34'46" W, a distance,. of 29 75 fdet, Thence S 78°25' 14" W, a distance 600`73 feet, Thence N 18°39'08" W, a distance of 318 94 f66t`to a ppint,on...the Westerly line of said Burlington Northern Railroad property, Thence N 11'34'46" W, a distance of 783 48 feet, .. . Thence S 78°25' 14" W, a distance of 10 feet, Thence N 11 °34'46" W, a distance of 311 39 feet to a' point of curvature th'e, center of which bears S 78*25' 14" W with a radius of 9 15 feet, Thence northwesterly along said curve a distance of 12.67 feet to the Trite Poini of 9gii ning; LESS that portion, if any, in the plat of Washington Technical Center'as recorded in. Volume 122, pages;: 98-102, records of King County, Washington WSDOT TCE Legal/tgb/5-30-01 Page 3