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Home My WebLink AboutCAG2003-0510 - Original - Rock Creek Meadows, LLC - Easement for Clark Springs Water Transmission Main - 04/09/2003 �'►. Records M ern `� KENT Document WIS.'.OTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: hu, Contract Number: This is assigned by Mary Simmons Vendor Number: j/� Project Name: lL rdL t xi f � /K Contract Effective Date: -f-IT Contract Termination Date:' 111 ti Contract Renewal Notice (Days): Number of days required notice for to mination or renewal or amendment Contract Manager: if �U � Department: l/ ADCL7832 07/02 AGREEMENT FOR ROCK CREEK MEADOWS TO DEDICATE AN EASEMENT TO THE CITY OF KENT THROUGH THE DEVELOPMENT KNOWN AS ROCK CREEK MEADOWS LOCATED IN MAPLE VALLEY, WASHINGTON THIS AGREEMENT is made and entered on the date fully executed below between the CITY OF KENT, a Washington municipal corporation ("City"), and ROCK CREEK MEADOWS, LLC, a Washington limited liability company ("Rock Creek Meadows") WITNESSETH: WHEREAS, Rock Creek Meadows owns or has agreed to purchase approximately 42.19 acres of land currently located at 22838 SE 272Id Street in Maple Valley, King County, Washington 98038; and WHEREAS, Rock Creek Meadows is currently in the process of dividing the property into approximately 241 single family lots; and WHEREAS, the City owns a ten (10) foot wide permanent easement through which its Clark Springs Water Transmission Main runs, and WHEREAS, the City must be able to perform work on the Clark Springs Water Transmission Main to protect the health, safety, and welfare of the citizens of the City, and WHEREAS, Rock Creek Meadows placed fill on top of the City's easement giving the City concern that it may be more difficult for the City to perform work on the Clark Springs Water Transmission Main within its existing easement, and WHEREAS, Rock Creek Meadows has agreed to provide the City with a larger easement area to facilitate such work, NOW THEREFORE, the parties agree as follows. AGREEMENT: 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions a. Property: shall mean the property located at 22838 SE 272nd Street, Maple Valley, King County, WA 98038, also described as tax parcels 412460-0033, 412460-0035, 412460-0040, 412460-0060, 412460-0065, 412460- 0071, 412460-0072, 412460-0075, 412460-0076, 412700-1033, 412700-1035, AGREEMENT FOR DEDICATION OF EASEMENT- 1 (btwn City of Kent and Rock Creek Meadows,LLQ 412700-1036, 412700-1037, 412700-1038, 412700-1042, 412700-1043, 412700- 1046, and 412700-1055, and any other property that is subject to the Maple Valley, King County, WA, preliminary plat application file No CD0208-012 b. Preliminary Plat: shall mean the preliminary plat that is sought by Rock Creek Meadows for the property and shall encompass the subject of Maple Valley preliminary plat application file No CD0208-012 C. Preliminary Plat Hearing: shall mean the hearing or hearings for the preliminary plat in the city of Maple Valley, WA, that pertains or relates to Maple Valley Community Development file number CD0208-012 d. Existing Easement: shall mean the easement granted to the City by Harry and Eleanor Rippe, as more specifically described in Exhibit A, attached and incorporated by reference e. Transmission Main: shall mean the Clark Springs Water Transmission Main 2. Agreement to Become Part of Record. This Agreement and its exhibits shall be submitted to the hearing examiner during the preliminary plat hearing and shall become part of the official record for the preliminary plat hearing This Agreement shall be submitted by stipulation or joint motion of the parties 3. Condition of Plat Approval. The parties shall jointly recommend to the city of Maple Valley and the hearing examiner that the substance of this Agreement and substantially its individual terms become (a) condition(s) of preliminary plat approval 4. Binding if Not Made Condition of Plat Approval. In the event that the dedication of easement area to the City as set forth in this Agreement is not made a condition of plat approval, Rock Creek Meadows shall still be bound by the terms of this Agreement, and shall dedicate the easement to the City as required by this Agreement 5. Construction and Maintenance Area Requirements. The parties agree that in repairing the transmission main, the City must be able to excavate a trench to a depth of at least three (3) feet below the bottom of the transmission main In the event that shoring of the sides of the trench is required, the shoring must be at least six (6) feet from the outside edge of each side of the transmission main. The parties further agree that if shoring is used during construction or maintenance, the additional construction and maintenance area outside of the shoring shall be calculated by using one-half ('/I) foot horizontal to one (1) foot vertical slope as measured from a depth of three (3) feet below the transmission main and the outside edge of the shoring For example, if the transmission main was covered by seven (7) feet of earth measured from the bottom of the transmission main, the trench would be ten (10) feet deep In addition to the width of the transmission main (transmission AGREEMENT FOR DEDICATION OF EASEMENT-2 (btwn City of Kent and Rock Creek Meadows, LLQ main width is approximately two (2) feet), six (6) feet on each side of the transmission main would be required, for a total trench width of fourteen (14) feet From the bottom corner of each side of the trench, the trench would slope outward to the surface, at a rate of one (1) foot of vertical movement for every one-half ('/2) foot of horizontal movement Therefore, the construction and maintenance area would be approximately twenty-four (24) feet wide at the top 6. Easement. As an addition to, or as replacement of, the existing easement owned by the City, Rock Creek Meadows shall, no later than 10 days after final plat approval or before any further construction or further improvement is made to or on the property, whichever occurs first, grant to the City additional easement area as set forth in more detail below and shall properly record with the county such easements against each individual parcel that is contained in whole or in part within or that abuts the easement or that is otherwise affected by the easement In no case shall the easement be less than twenty (20) feet in width at any point along the transmission main In addition, the parties recognize that the precise location of the transmission main will be determined after executing this Agreement, and the precise determination of where the transmission main is located may affect the final easement area dedicated to the City. a. Minimum Easement: At a minimum, Rock Creek Meadows will grant to the City the easement area described in the map attached as Exhibit B and incorporated by this reference. The parties recognize that the area depicted in Exhibit B has not been reduced to legal description. The parties agree to use good faith in reducing the area described in Exhibit B to an accurate legal description. The legal description shall be modified to account for any increase in easement area that occurs as a result of the process set forth in subsection "b" of this section b. Easement in Addition to the Minimum: It is agreed that the easement described in Exhibit B is not wide enough in some areas to accommodate the construction and maintenance area requirements set forth in section 5 of this Agreement In addition to the easement set forth in Exhibit B, Rock Creek Meadows shall grant to the City additional easement area to accommodate the construction and maintenance area requirements set forth in section 5 of this Agreement. Rock Creek Meadows may remove earth from the easement area in order to reduce the width of the easement to accommodate construction and maintenance area requirements on the condition that the removal of fill does not create a slope that interferes with the construction or maintenance area requirements or destabilizes the property In the event that Rock Creek Meadows chooses to remove earth in order to reduce the easement area, that removal shall be subject to the City's review and approval which shall not be unreasonably withheld AGREEMENT FOR DEDICATION OF EASEMENT-3 (btwn City of Kent and Rock Creek Meadows, LLQ 7. No Permanent Structures Within Construction and Maintenance Area Requirement. Throughout the entire length of the transmission main, the construction and maintenance area as described in section 5 of this Agreement shall be established As a part of the easement, and as a covenant and/or plat restriction on any land that crosses into the construction and maintenance area, no permanent structures shall be permitted in the construction and maintenance area. Permanent structures shall include any structure that requires a foundation or is fixed to the land or cannot be moved without damaging the structure and includes overhangs from adjacent structures In addition, no other utilities shall be placed within the construction and maintenance area, provided, that utilities may cross over the construction and maintenance area to get from one side of the construction and maintenance area to the other. In the event that a sanitary sewer line or pipe crosses over the transmission main or runs parallel to it, the sanitary sewer shall be designed and installed in accordance with Washington Health Department and Department of Ecology standards 8. Additional Foundation Requirements. In the event that a house foundation will be close to the outside edge of the construction and maintenance area described in section 5 of this Agreement, Rock Creek Meadows shall, at its discretion, design, require, and/or prepare the foundation using engineering and design methodologies such that the foundation will withstand the stress that excavation within the construction and maintenance area may cause to the foundation 9. All Easements to Be Recorded. All casements shall be set forth by legal description and shall be properly recorded against the title of each parcel that (a) abuts the easement, (b) crosses in whole or in part the easement, or (c) may be affected by the easement. The City shall have the opportunity to review the legal description of any easement for accuracy prior to recording All easements shall be properly recorded no later than 10 days after final plat approval 10. Easement to Appear on Face of Plat. The final easement that is dedicated to the City shall appear on the face of the final plat that is properly recorded with the county. 11. Easement Description To Be Placed In Homeowner's Association Manual or Guideline. In the event that a homeowner's association is created as a result of the development activity on the property, the official homeowner's association rules, guidelines, or community description booklet or manual shall contain a section that describes the easement, the City's ownership of the easement, and the City's the right to perform maintenance or other work within the easement area 12. Form of Easement. All easements granted by Rock Creek Meadows to the City shall be in the form as provided in Exhibit C, attached hereto and incorporated by reference AGREEMENT FOR DEDICATION OF EASEMENT-4 (btwn City of Kent and Rock Creek Meadows, LLQ 13. Future Platting of Adjacent Property. It is recognized that the platting of the property is the first stage of a multiple stage platting effort for property through which the transmission main runs While this Agreement only affects the property which is currently being platted in accordance with Maple Valley preliminary plat application CD0208-012, the parties agree that the manner in which the easement area is determined pursuant to this Agreement shall apply to future plats of property through which the transmission line runs. The parties further agree to enter an agreement similar to this Agreement for any future plat through which the transmission main runs Rock Creek Meadows agrees that it will notify the City of any plat application submitted for property through which the transmission main runs within five (5) days of submitting a plat application to the city of Maple Valley 14. Breach. In addition to any other remedy or cause of action in law or equity available to either Rock Creek Meadows or the City, in the event that Rock Creek Meadows breaches this agreement, the City shall be permitted to obtain, through the laws of condemnation, the easement area that it would have been afforded if the terms of this Agreement were carried out in full. In the event that Rock Creek Meadows breaches this Agreement, and the City institutes the process of condemning the property, Rock Creek Meadows shall pay all costs of condemnation, including the value of the property as determined by a court, and all legal fees and costs associated with such condemnation action In the event that condemnation proceedings become necessary, the area condemned by the City shall not be limited to that area afforded by the terns of this Agreement, provided, that if the City condemns more than that which would have been provided by this Agreement, Rock Creek Meadows shall not be responsible for the costs associated with the additional condemned area. 15. Assignment. The terms of this Agreement shall run with the land and shall forever bind the land If the land, or any part thereof, is sold, deeded, gifted or otherwise transferred in any way, in whole or in part, such successor in interest shall be bound by its terms In the event that a successor in interest claims lack of notice of the terms of this Agreement, Rock Creek Meadows shall defend, indemnify, and hold the city harmless for any damages caused by such lack of knowledge, and shall pay all damages, awards, and costs, including attorney fees for the defense of, or award in, any such claim In the event that Rock Creek Meadows, LLC is dissolved or otherwise ceases to exist before the terms of this Agreement are satisfied, its parent or holding company, Yarrow Bay Development, shall be responsible for meeting the terns of this Agreement, and shall be liable to the extent that Rock Creek Meadows, LLC, would have been in the event that it had not been dissolved or otherwise ceases to exist 16. Modification. No waiver, alteration, or modification of any provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Rock Creek Meadows 17. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington If the parties are unable to resolve any dispute arising out of this Agreement, the exclusive AGREEMENT FOR DEDICATION OF EASEMENT-5 (btwn City ofKent and Rock Creek Meadows,LLC) means of resolving the dispute shall be by filing a claim in the King County Superior Court In the event that any dispute arises, each parry shall be responsible for its own attorney fees and costs, except that the City shall be entitled to indemnification, costs and attorney fees associated with any claim arising under the "assignment" section of this Agreement. THIS AGREEMENT shall take effect on the last date written below, or April 9, 2003, at 3:00 p.m., whichever occurs first CITY OF KENT By l/Vvv`t�'v Pr' t ame to a oqa or v-0Te Date 9 d3 Approved as to Form. at Fitz ck, 13eputy Ity Attorney ROCK CREEK MEADOWS, LLC By. W� Pnnt Name LAt4- Title. IM Date: q I4 Q3 YARROW BAY DEVELOPMENT, LLC By Print Name Title. 0A U"l c,� Date 3 (Notary Acknowledgments Appear on Following Page) AGREEMENT FOR DEDICATION OF EASEMENT-6 (btwn City ofKent and Rock Creek Meadows, LLC) STATE OF WASHINGTON ) ss COUNTY OF KING ) qk I hereby certify that on the day of April 2003, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledge that signed this instrument, on oath stated that i is a horized to ex cute the instrument on behalf of the CITY OF KENT as Its Vr , and such execution to be the free and voluntary act of such party or the uses and purposes mentioned in the foregoing instrument -Notary Seat Must Appear Within This Box- _ -fN �TycIEREOF, I have hereunto set my hand and official seal the day 4id yea ve v tten. -0 o • i o NOTgRy p: i o m i I PUBLIC CO. i It 9 628-0?..• NOT PUBLIQ in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that�on the day of April, 2003, I know or have satisfactory tha t at ., !� tC oSs is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the ROCK CREEK MEADOWS, LLC as its A a M , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN\W &%WHEREOF, I have hereunto set my hand and official seal the If day and� aN • tR••e'fytitten �� ` R r Pa,•• ,' l�yl � I (3ec% L pak -,.LS au��yti�rhe�U: NOTARY PUBLIC, in and for the State of Washington �'11 (y>01..not*$ 4' residing at gvr- . My appointment expires 60� AGREEMENT FOR DEDICATION OF EASEMENT-7 (btwn Cary of Kent and Rock Creek Meadows,LLC) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the q4'-- day of April, 2003, 1 know or have satisfactory evidence that la lb Ieoss is the person who appeared before me, and said person acknowledged that he/she signed taus instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the YARROW BAY DEVELOPMENT, LLC as its Ma4p A%*,+" M e mle� , and such execution to be the free and voluntary act of such party for e ses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Box- It y„,�WHEREOF, I have hereunto set my hand and official seal the day aA, Box- !,,it written ` �-aaS�ON R r�O1'I i C�e. 1 eon' ''�( Q eo I s Z- /�1 l,p �G�l PUB,--O /�� 1�/ `Q L Ci �e;8 O residing NOTARY t F re m PU L d for the State of Washington �E Og®e My appointment expires pA �a o0 P\Ca lITILES*pmFlles\0919\Agmemem-CLEAN do AGREEMENT FOR DEDICATION OF EASEMENT-8 (btwn City of Kent and Rock Creek Meadows, LLC) , y s hr + = =r=T --1=7 1 T_._T___ — ( ---_ , i 11 — n W WAR*L&N ens e _CAM_ ;� ROCK CREEK MEADOWS i Ix kJ1 OF t ..i "M, ITT,:.9� 3WOL ,�y )/� YY • THI$ ZA made thin 1 ,, •:oi#,r 'y1t]y/ nd betw =z i "lean fd wife, pt.rtjW:hf the £irst,pi�ct# 1Jx' 0�`'KF.1 r tntrrr.rci� r:i� :� 'x r •{ ion of King CQtint}; Ste4e ofWashiito}ts p4rty of the srtr �nci I. UITNWSBTHz The-t s.3d 'p€riAes or the First pert,for and in considerativ+t �t � as "° `q Sum of pl.(N0 t»;t in htrrd psitl, tiy, the "said ptrty of the srcmr : r,vr'.r end other er;lurable.,�onsider,•.tion, receipt, oi' which is hereby c' Yrv:�lQdr eel �� Io b thesr w _, 1 y presents grant, bargain, s ell, convey, nd confi_m unto t.Ikc <� ssid ncrty of the second part a right-of=gray or easement for water mafns frith necessary appurtenances over,,, throu&h. Gcross end upon the 1, it described property situated in King County, Washington, mere prr•t , i-.W described as follows: t A ten (10) foot permanent easement with the following described centerilAitS, Begidmiza the southeast corner of Section 2$p Township 22 North, li t t W.M; Tbe'dow, ,8901t W3 -' hest'i 'distance of 339.33 ft. along the . eaiitb d Section; ` � • r,.r; ' ; _ 6203030*f B'ten,f cl taxwo of 67,22 ft". to the, 'north 'State Sigh�raY13= , bAhs True Point, of Beginfili1g; 62038t30e We- of 410»di M; Al ego Sf t easement 13ea r th ►"Tracts 13 and 13-A of PiTs,Aare" i �lyded ih Plats s Vol. ,20,' ` Page 2� , ;' .� a of ESaB',, �!i,.1 s gton; The" ' �� terliae o�'ot;"skid:`°ti t easement to be the centorl"I, grater lints;' lad. ,nru'>hX^�b3`.rF� a. 30-food tiasog�e� a etruction ease ti '15,4x,0 oa sit ',arcs t the above, di�so b md,�itii►ta�lint. "Id'tampo condtri t is r t Ct ouras of cc racctt3 pttd appirtedari�;accepted for ffia'ilste�; o'�an operittirtt; pity of°1Ce�itw _ ` txHiBlT "9ya' axe Ir • Y f k • . '� �. yA ,e'c�pa�',';+irti' sr:=.].2�hhve��i}�n r•)r_t+r., or, proceedia" at law,,,a�, $+Ucix ;Iqy ,.. said r0 eTt SOX". v {?QSB Qr p �, Y � f�� + rerecct+ntructittg st.id tVF� i+t ttdinct,, +?r ra:) - •u, ra+q "+ 'Co the h ;without incurring, anv legal oblis<tion sir 1 :1•i. 3'h; therefor; provi,dect'that such aunstructing, rapCiring, altrrini• ur vrv:oP°,-; ` structing of said water mein shrli be ,&, compliKhed in such in -mn.= 44 the privrte-impro enta cxinting in this 11gl,t-of-fray sha11 i turbed ur destroyed, or in agent they Fre di-V-u •bed or dos• vr), +.i•. : will he replaced in as good ? condition; as they Svere irm.c,11 + cl: II,!V.-I , the property was entered nw-)++ by the ;-:sr:y of the scco+?d n;t r. ' k r t STATr OF, " ) xe • offer" � c, . COUNTY OF r�� • CJ Now the, undersigned, a in rnd for thc. Str.t.e txat hereby, ;certify that on this' d2}C of,_, ,jiersori,+`l ,y appeared before me Lake ' _.__. _ _ IT 4nd. 81eenor' ;. 3it wife ,v'to me known to :be the tnrli.+ i,e 1 , - <1-,scribed in and who' executed the, forggoing, instrument, Lnd that they signed and sealed the same;as:their free and volunt, reL muft !nd died, For 'the uses and purposes, therein, men ed aftrAftbtt, C4 of IV lfoeei ao re X c in rnd Fon `" ,ud. -ts sea no "aPtixedj� o£ �� , rosidiup of d! r f Aa rj ff -All I ' i I i II •• ••• �Wfff WA tn�etsar�ur rs soar at�r ee.�oo uc ! 3 p id 1 ROCK CREEK MEADOWS I ffi EXHIBIT ' EXHIBIT C THIS INSTRUMENT made this day of 200 by and between (hereinafter "Grantors") and the CITY OF KENT, a Washington municipal corporation(hereinafter"Grantee") WITNESSETH that Grantors for and in consideration of and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for with necessary appurtenances, over, through, across and upon the following described property situated in King County, Washington,more particularly described as follows- SEE EXHIBIT " " ATTACHED Without prior institution of suit or proceeding at law, Grantee shall have the right, at times as may be necessary, to enter upon said real property and the immediate adjacent incidental areas with the necessary equipment for the purposes of alteration, installation, operation, maintenance, extension, construction, repair and reconstruction of said or making any connections therewith without incurring any legal obligation or liability therefore, provichng that said alteration, installation, operation, maintenance, extension, constructing, repair and reconstruction of said shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses of Grantee heretofore defined. Under no circumstances shall any cement, concrete, or any structures be placed or erected on this easement. This easement shall be a covenant running with the land forever and shall be binding on Grantor's successors,heirs, and assigns E%9Y'tI¢�I T ru64�