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