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HomeMy WebLinkAboutPK1989-0148 - Original - Spieker Hosford Romney #172 - Easement Agreement - 03/28/1989 After Executing Return Original To: Carol Storm, Property Analyst City of Kent Public Works Department 220 4th Avenue So. Kent, WA 98032 EASEMENT AGREEMENT This agreement made and entered into this day of 19 , by and between the City of Kent, a Washington municipal corporation, hereinafter referred to as "City" being duly organized and existing under and by virtue of the laws of the State of Washington and Spieker Hosford Romney #172 a California Limited Partnership its successors and assigns hereinafter referred to as the "Developer. " RECITALS A. The Developer has submitted for approval a building permit for the development of a warehouse/office complex on certain real property described in Exhibit "A" which is generally located on the south side of S . 216th Street between West Valley Highway (SR181) and 72nd Avenue S.E. ; B. The City owns certain real property described in Exhibit "B" which adjoins the Developer' s property to the South; C. The City plans in the future to construct on its property an east/west overflow drainage channel from Mill Creek to a proposed detention basin located at the City' s abandoned sewerage lagoon site; D. Based on the Developer' s building plans, the Zoning and Fire Code require that the developer provide a 15 foot wide landscaped area and a 15 foot wide fire access lane along the development' s south property line; E. The developer is willing to construct the east/west overflow channel along the development' s property frontage in exchange for the City granting an easement upon its property for landscape and fire lane access purposes. AGREEMENTS Therefore, in consideration of the recitals stated above and following terms and conditions, it is hereby agreed that; 1. Construction of Drainage Channel The Developer shall construct the east/west drainage channel in accordance with the approved plans attached herewith as Page 1 of 5 Exhibit "C" . The construction shall be completed and accepted by the City of Kent acting through its Department of Public Works prior to the issuance of a Certificate of Occupancy for the development on the property described in Exhibit "A" . All the cost and expense to construct and/or install all the improvements denoted in Exhibit "C" shall be at the sole expense of the Developer. 2 . Pre-Construction Requirements Prior to starting the actual construction work described in #1 above, the Developer shall complete all the requirements and conditions outlined in the City's "Developer' s Guide for Public Improvement Projects" attached herewith as Exhibit "D" . 3 . Easement The City hereby conveys to the Developer the following non- exclusive easements: LEGAL DESCRIPTION PURPOSE The Northerly 3 feet of the Building property described in Exhibit "B" footing & foundation The Northerly 15 feet of the Landscaping property described in Exhibit "B" The Northerly 30 feet of the Ingress and property described in Exhibit "B" egress for fire safety purposes 4 . Landscape Plan Review Prior to installation of the landscaping within the above described landscape easement, the Developer shall submit to the City' s Planning and Public Works Departments a landscape plan for review and approval. Said plan shall denote type, size and location of all plants, trees, shrubs, etc. which are to be installed therein. The City will review same with respect to its operation and maintenance requirements per the drainage channel system. The developer shall modify, change and/or delete any of said landscaping which the Departments deem will conflict with City landscape requirements and the operation or maintenance of the channel system. The Public Works Department recognizes that the landscaping must meet the City's Zoning Code requirement and the Public Works Department intends to work with the Developer to assure both the landscaping requirements of the Zoning Code is met while insuring that the Public Works Page 2 of 5 Department operation and maintenance requirements of the channel are not jeopardized or unduly or unnecessarily impeded. 5. Maintenance Upon completion of the landscaping the Developer shall have sole responsibility and expense for the maintenance thereof. Any damage thereto attributed to the City in carrying out it' s operation and maintenance of the channel system shall be restored by the City. Upon completion of the construction of the fire lane roadway and acceptance by the City Council of the Bill of Sale therefore and lapse of the one (1) year warranty/guaranty, each party shall only be responsible for those roadway maintenance and repair costs attributed to its respective use thereof. During the use of the roadway the using party shall keep the roadway surface clean and free of debris. Any maintenance performed by either party shall be in a professional manner and subject to City of Kent requirements. Maintenance shall include, but shall not be limited to, maintaining and replacing the roadway surface in a level, smooth and evenly covered condition as originally installed; keeping the roadway in a clean and orderly condition; and installing, repairing and replacing any related improvements to the roadway. Upon completion of the construction of the drainage channel and, acceptance of the Bill of Sale by the City Council therefore, and lapse of the one year warranty/guaranty the City shall have the sole responsibility and expense for the operation and maintenance thereof. 6. Hazardous Waste and Pollution Developer agrees to neither introduce, cause, permit, or omit to take action preventing the direct or indirect release of any hazardous waste or substance into or onto the City' s property including the drainage channel, as defined by RCW 70. 95. 105, RCW 70 . 95. 105B, RCW 70. 95. 105C. Developer shall be responsible for any clearing and remediation of such works or substances at or affecting such property and drainage channel including compliance with any future federal or state regulations prescribing water quality standards for non-point discharges into combined municipal drainage, storm water and sewer system under the Federal Clean Water Act, as renewed, and State implementation authority. 7 . Entire Agreement This Agreement and the Exhibits attached hereto contain the entire agreement between the Developer and the City and Page 3 of 5 supercede any previous agreements or negotiations. Modification or waiver of any of the provisions of this Agreement and Easement shall be effective only if made in writing and executed with the same formality as this Agreement. 8. Attorney Fees If, by reason of any default on the part of either the Developer or the City, either party employs an attorney, the defaulting party shall pay the non-defaulting party' s costs, expenses and attorney fees, reasonably expended or incurred by the non-defaulting party in connection therewith. 9 . Covenants Running With the Land The agreements, easements, covenants, conditions and restrictions contained herein shall be deemed covenants running with the land and the benefits and obligations of the City and the Developer shall inure to the benefit of and shall be binding upon their respective grantees, successors and assigns. Conveyance of any of the real properties described herein shall be subject to this Easement. Page 4 of 5 EXECUTED this day of March 1989 By:ban Kelleher Developer: at Mayor Approved As To Form: ? `- Le �6- Corporate Notary Sandra Dri Coll, City Attorn y Witnesseth: Marie Jense City Clerk Page 5 of 5 STATE OF Washington ) ) SS. - County of King BE IT REMEMBERED,That on this 28th _day of March 19 89 , before me, the undersigned a Notary Public in and for said County and State, personally appeared the within named Richard L. Romney known to me to be Partner who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officials I the day and r Iast above written. Notary Public for Seattle, Washington My commission expires 6/30/90 EXHIBIT 'A' The Northwest quarter of the Southwest quarter of Section 12 , Township 22 North, Range 4 East, W.M. , in King County, WA; EXCEPT the North 30 feet thereof for South 216th Street; EXCEPT the South 760 feet thereof; EXCEPT the West 50 feet thereof for 68th Avenue South; EXCEPT the East 30 feet thereof for 72nd Avenue South; EXCEPT that portion of the Northwest corner lying Northwesterly of a 55 foot radius curve being tangent to the North and West lines thereof; EXCEPT that portion of the Northeast corner lying Northeasterly of a 55 foot radius curve being tangent to the North and East lines thereof. M342 EXHIBIT CBI The south 100. 00 feet of the following described property: The north 330 feet of the south 990 feet of the northwest quarter of the southwest quarter of Section 12 , Township 22 North, Range 4 East of the Willamette Meridian, in King County, Washington; except that portion lying within 68th Avenue South; and except that portion deeded to the City of Kent under Recording Number 8001030505 . M292 CITY OF �� EXHIBIT "D" IN CT PROJECT NO: DEVELOPER' S GUIDE FOR PUBLIC IP1PROVEMENT PROJECTS A copy of the City of Kent Standards as set forth in Ordinance #1142 and #1672 may be obtained through the City Clerk. 1 . If the project is located outside the City limits , schedule a meeting with the Property Manager regarding King County Review Board approval . 2. If the project is located outside the City limits , provide the City of Kent with a letter agreeing to pay any and all State, County, or other city fees which may be applicable to this project (City shall obtain necessary right- of-way permits). 3. Before your plans will be approved by the Project Engineer, the following items must be completed and returned to the Office of Property Management: a) Utility Extension Receipt b) Application for Permission to Extend Utilities c) Engineering Agreement 4. The following items must be completed before a preconstruction meeting can be scheduled: a) Cash Bond and $500.00 Deposit b) General Guarantee and Warranty c) Specific Performance Bond and/or Storm Drain Bond together with a copy of the contract or supportive data necessary to establish the sufficiency of the bond amount. NOTE When applicable the City of Kent will provide Plat Bond forms. Plat Bonds must be 150% of the amount of the contract. The Specific Performance Bond is not an acceptable substitute for a Plat Bond. d) Certificate of Insurance - Property damage in the amount of $100,000 and liability in the amount of $500,000 insurance must have reference to a project name, brief description of project and location. CITY OF KENT must be the name insured or co-insured. The following wording must ac- company the name of the City of Kent- (The City of Kent, its elected and/or appointed officials, its employees and agents. ) (Reference pages 27, 28 and 29 in Ordinance #1142) e) Necessary governmental approvals - 1 . Sewer Projects: Inclusive of the City's approval , sanitary sewer projects must also be reviewed and approved by both the Municipality of Metropolitan Seattle (METRO) and the State's Department of Ecology (DOE) . Submittal forms and/or requirements can be obtained from the respective agency. P.O.BOX 310 / 220 SO.41h AVE. / KENT,WASHINGTON 98031 / TELEPHONE (2063 872.2300 CITY OF ��� IIY CT -2- DEPARTMENT OF ECOLOGY METRO State of Washington 821 Second Avenue Northwest Regional Office Seattle, Washington 98104 4350 - 150th N.E. Redmond, Washington 98052 Phone - 447-6666 Phone - 885-1900 2. Water Projects : Inclusive of the City's approval , water projects -must also be re- viewed and approved by the State's Department of Social •& Health Services if the proposed extension does not comply with the City of Kent Comprehensive plater Plan. Submittal forms and/or requirements can be obtained from .said agency. WASHINGTON STATE DEPARTMENT OF SOCIAL & HEALTH SERVICES. Smith Tower Seattle, Washington 98104 Phone - 464-7670 f) Engineering fees must be paid. After the plans have been approved by the City, the Project Engineer will inf6rm you of what the fees will be. These fees can be paid in the Office of Property Management. g) Easements - 1 . Plats : a) Establish easement rights of the City of Kent on the original plat linen to the satisfaction of the City of Kent, Property Manager, PRIOR TO RECORDING. b) Provide the City of Kent with a copy of original plat linen PRIOR TO RECORDING for review. If property is being platted in King County- Separate easements must be recorded prior to recording the plat. 2. Other Projects requiring the City to take over Easements - a) After Project Engineer approves the submitted Utility Plans , provide the Office of Property Management with the legal descrip- tions for all easements and a current Title Report. b) The office of Property Management will prepare the documents after legal descriptions have been reviewed and approved.. c) Property Management will notify you when documents. are ready for signatures. Return signed documents along with an update on the Title Report, (if original Title Report is over two weeks old) . FI OI IOX 010 / 220 50,416 AVI, / XINT,WAIHINOTON 90031 I TIIIPHONI (206) 03,3000 ,CITY-OF ry ter -3- 5. When all the heretofore described requirements and conditions have been fully complied with, the applicant shall request the City Engineer for a preconstruction meeting. This office advises the applicant that if he has a contractor, then said contractor shall be included in, said meeting along with the project engineer. It shall be the applicant's responsibility to notify the contractor and Project Engineer of said meeting and to have properly completed all forms and documents. "No" construction shall commence until "ALL" of the heretofore described conditions and requirements have been strictly complied with. Forty-eight (48) hour notice shall be given to the City Engineer's office prior to any construction. It shall be the applicant's responsibility to inform the Project Engineer and contractor of the above heretofore described conditions and requirements. Direct all inquiries relating to project acceptance, design and/or field operations to the City Engineer, Phone - 859-3383 6. After construction, a Bill of Sale and a copy of the "As-Built" plans must be submitted before the utilities or streets can be submitted to City Council for acceptance. 7. Questions relating to the release or replacement of any or all bonds should be referred to the Office Coordinator at . 859-3383. P.O.BOX 310 / 220 SO.41h AVE. / KENT,WASHINGTON 98031 / TELEPHONE (206) $72-3300 i