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HomeMy WebLinkAbout98-097 - Highline School District - Water Reservoir Easement and AgreementRecording Requested By and When Recorded Mail To Snure Law Office A Professional Service Corporation 22513 Marine View Drive, Suite 201 Des Moines, WA 98198-6836 AGREEMENT AND EASEMENT FOR WATER RESERVOIR GRANTOR. Highline School District No. 401, a municipal corporation GRANTEE. Highline Water District, a municipal corporation Legal Description (Abbreviated): Ptn NW 1/4 Sec 27, Twn 23 N, R 4 E, full legal on pages 14, 16 & 17 Assessor's Tax Parcel ID#• 537980-0008-07 Reference No. of Documents Released or Assigned: N/A AGREEMENT AND EASEMENT FOR WATER RESERVOIR This Agreement is entered into between HIGHLINE SCHOOL DISTRICT NO 401, a municipal corporation organized and existing under the laws of the State of Washington, hereafter referred to as "HSD, and HIGHLINE WATER DISTRICT a municipal corporation organized and existing under the laws of the State of Washington, hereafter referred to as "HWD " While not a party to the Easement Agreement, THE CITY OF TUKWILA, a municipal corporation organized and existing under the laws of the State of Washington, hereafter referred to as "Tukwila" has approved the contents of the Agreement as it affects its leasehold interests described below and signs below to indicate such approval RECITALS 1 HSD is the owner of an approximately 10 9 acre parcel of real property legally described in Exhibit A, attached hereto and incorporated by this reference (hereafter referred to as the "Crestview Site") The Crestview Site is partially developed with a City of Tukwila Park and a vacated elementary school 2. Tukwila is the Lessee of a portion of the Crestview Site, legally described in Exhibit B, attached hereto and incorporated by this reference (hereafter referred to as the "Leased Premises") 3 HWD intends to construct, operate and maintain an underground water reservoir with an approximate capacity of 7 6 million gallons, together with all necessary facilities, equipment and utilities, on the Northwest portion of the Crestview Site (hereafter referred to as the "Reservoir") 4. The parties acknowledge that this Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act AGREEMENT In consideration of the mutual promises contained in this Agreement, HSD hereby conveys and quitclaims to HWD the easements identified in Exhibit C, attached hereto and incorporated by this reference The terms "Easement" and "Easement Area in this instrument refer to the easements described i n Exhibit C HWDK10/14/98 -1- The Easements are granted subject to and conditioned upon the following terms, conditions and covenants which HWD hereby promises to faithfully and fully observe and perform 1. Consideration. HWD shall pay the sum of $140,000 00 to Highline School District within thirty days of mutual acceptance of this Agreement by H W D and HSD 1.2. HWD shall complete the following work at the sole expense of HWD 1.2.1. Subject to the limitations specified in this Agreement, and in accordance with the Contract Documents identified i n Exhibit D, demolish and remove the debris from the existing school buildings located on the portion of the Crestview Site as more particularly described in Exhibit C as the "Demolition Site " 1.2.2. Design, construct, maintain and repair the Reservoir 1.2.3 Design, construct, maintain and repair the Reservoir Lid over the Reservoir in such manner that will permit the future installation of recreational equipment by HSD, at HSD's expense, on the Reservoir Lid 1.2.4. Landscape the Reservoir Lid and the Demolition Site in accordance with City of Tukwila landscaping plans as approved by HSD Ownership of the landscaping improvements, any irrigation systems, all nonreservoir structures, improvements, and fixtures shall remain vested in HSD 12.5 HWD shall be prohibited trom providing any of the soil removed from either the Reservoir or the Demolition Site to the Port of Seattle. 1.2.6 HWD shall cap the existing utilities in the locations specified on the site plan attached as Exhibit E 2. Approval of Construction Plans 2.1. Prior to the demolition and removal of the Crestview school buildings and prior to the construction of the Reservoir or any HWDK10/14/98 -2- other substantial activity by HWD on the Crest\ iel\ Site H W D shall submit the plans and specifications to HSD and no work by HWD shall be commenced without HSD's prior written approval of the plans and specifications, which approval shall not be unreasonably withheld, provided, however, that in the event of an emergency requiring immediate action by HWD for the protection of its facilities, persons or other property, HWD max take required action upon such notice to HSD as is reasonable under the circumstances 2.2. Any changes or revision to the plans and specifications approved by HWD shall also be subject to HSD's approval Nothing in this Agreement shall be deemed to impose any duty or obligation on HSD to determine the adequacy or sufficiency ot HWD's plans, design and specifications, or to determine whether HWD's construction is in conformance with the plans and specifications approved by HSD 3 Construction, Alterations, Repairs and Maintenance. 3 1 HWD shall apply for a building and other required permits within 180 days of the date of this Agreement Construction shall be commenced within 180 days after all required permits are issued ("Date of Commencement") In any event construction must be commenced within 18 months of the mutual acceptance of this Agreement If construction has not commenced vs. ithin eighteen (18) months of the mutual acceptance of this Agreement, either HWD or HSD shall be entitled to terminate this Agreement on written notice to the other thereafter As used herein, "commencement of construction" shall mean that all applicable permits have been obtained for construction of the Reservoir and HWD shall have issued a notice to proceed to the contractor and commenced excavation work with respect to the Reser\ oir 3 2. Construction of the Reser\ oir shall be completed IN ithin 18 months after the Date of Commencement, subject to reasonable extensions for inclement weather labor disputes strikes, acts of God and other circumstances beyond the control of HWD In any event the construction shall be complete within 3 \ ears ot the Date of Commencement 3 3 HWD shall construct the Reservoir in a good and workmanlike manner, using materials meeting industry standards in accordance HWVDK10 14/98 3 with applicable requirements, statutes, regulations orders and regulations of any public authority having jurisdiction 3 4. During the term of this Agreement, HWD shall maintain and repair all structures, utilities, improvements and fixtures related to the operation of the Reservoir constructed or installed on the Crestview Site by HWD In the event HWD fails to make necessary repairs which creates a public safety hazard, HSD, after notice to HWD may, but shall not be required to, enter the premises and perform the necessary maintenance or repairs HSD may charge the cost of the repair to HWD Such charges shall be due and payable on the first day of the month after which HSD has billed HWD for the cost of the work. 3 5. Subject to the restrictions imposed by the Easements, following construction and landscaping of the Reservoir Lid in accordance with Paragraph 1.2.4, HSD shall be the owner of, and ha% e sole responsibility for the maintenance and repair of all landscaping improvements, irrigation systems, and nonreservoir structures improvements, and fixtures above the Reservoir 4 Governmental Approvals HWD shall be responsible for and shall secure all necessary governmental approvals and permits for the demolition of the school buildings, construction and operation of the Reservoir In the event any permits are subject to conditions affecting site ownership, HSD shall have approval rights ox er such conditions prior to the issuance of the permit 5 Utilities. HWD shall pay all charges for installation and use of gas, electricity, water, sewer and all other utilities used in the demolition of the school buildings, construction and operation of the Reservoir 6 Taxes The property is presently exempt from real property taxation In the event the property becomes subject to taxation during the term of this Agreement, HSD or its successor shall pay all tax assessment HWD shall reimburse HSD or its successor for any portion of the taxes directly attributable to the Reservoir 7 Environmental Provisions Except as provided in Paragraphl� alt this Agreement, HWD shall comply with applicable la\\,, tn\ ir11nn1ent i! laws, orders and regulations of federal state count\ and muni.ipal authorities, and with any directive issued pursuant to law by an, public officer, which shall impose any order or duty upon HWD pertaining to the construction and operation of the Reservoir HWDK10/14/98 -4- 7 1 HWD shall have the right, upon providing written notice to HSD to contest any obligations imposed upon HWD pursuant to the provisions of this Section, and to defer compliance during the pendency of the contest, provided that the failure of HWD to comply will not subject HSD to civil fine or criminal penalty 7 2. Notwithstanding the foregoing, in the event that HWD s failure to promptly fulfill the contested obligations shall pose an imminent threat to public health, safety or the environment, HWD shall immediately perform whatever actions may be required to abate the immediate threat HWD may, thereafter, contest the obligations and defer further compliance, as set forth above 7.3 Failure of HWD to comply with the provisions of this Section shall be an act of default under the terms of this Agreement and shall entitle HSD to pursue all applicable remedies In addition, HSD shall be entitled to collect from HWD any fines, penalties, expenses of defense (including legal fees) expenses of compliance and other damages incurred by HSD by reason of HWD s default under this Section 8 Easement Insurance 8.1 HWD shall maintain property insurance (special causes of loss form P1030) on the Reservoir and all facilities placed on the Crestview Site by HWD for the benefit of HSD and HWD, as there interests shall appear, in an amount sufficient to repair or replace the structures 8.2. HWD shall maintain comprehensive general liability insurance with a policy limit of not less than $5,000,000 00 per claim covering the actions of HWD on the Easement Area in the construction and operation of the Reservoir 83 HSD ,hall be named as an additional insured on the polices of insurance required under this section and shall be provided w ith certificates of insurance evidencing coverage annually at the request of HSD Such certificate shall be subject to the approval of HSD and will reflect coverage placed V, ith insurance companies licensed to do business in the Mate ot Washington \\ ith a Best rating ot not less than A VIII The certificates I1 ill reflect that coverage cannot be altered or canceled without first providing forty-five (45) days written notice to HSD HWDK10/14/98 5- 8 4. In the event HWD fails to secure the required insurance NSD may obtain the insurance and charge the premiums to HWD which charges shall be due and payable on the first day of the month after which HSD has billed HWD for the premiums 8.5 HWD shall require the contractor who performs the construction of the Reservoir to obtain builders risk insurance HSD and H W D shall be named as additional insured on the policy 8 6 HWD shall require the contractor who pertorms the Reservoir construction to carry comprehensive general liability insurance including coverage for the removal of hazardous waste materials, with limits of not less than $5,000,000 per project Coverage shall include Explosion, Collapse and Underground (XCU) If such coverage is written on a claims made form , then the limits shall be not less than $5,000,000 per claim, and the contractor shall provide continuous coverage for a period of not less than two (2) years after completion of the construction HSD and HWD shall be named as additional insureds on the policy, per additional insured form B (CG 2010), or its equivalent The contractor shall provide a certificate of insurance showing evidence of this insurance Such insurance shall be placed with insurance companies with a Best's rating of not less than A -VIII The certificate shall reflect that coverage cannot be altered or canceled without first providing forty-five (45) days written notice to HWD and HSD 9 Building Demolition and Removal Insurance HWD shall require the contractor who performs the building demolition and removal to carry comprehensive general liability insurance, including coverage for the removal of hazardous waste materials, with limits of not less than $5,000,000 per project Coverage shall include Explosion, Collapse and Underground (XCU) If such coverage is written on a claims made form, then the limits shall be not less than $5,000,000 per claim, and the contractor shall provide continuous coverage for a period of not less than two (2) years atter completion of the construction HSD and HWD shall be named as additional insureds on the policy, per additional insured form B (CG 2010), or its equivalent The contractor shall provide a certificate of insurance showing evidence of this insurance Such insurance shall be placed with insurance companies with a Best's rating of not less than A -VIII The certificate shall reflect that cox erage cannot be altered or canceled without first providing torty-tive (45) days written notice to HWD and HSD HlNDK10/14/98 -6- 10 Indemnification. HWD covenants and agrees with HSD that it will indemnify, defend and hold HSD harmless from and against any and all liability, damages, penalties or judgments (including without limitations, attorneys fees) for injury to persons or property sustained by anyone in and about the Easement Area resulting from any acts or acts of omission or commission of HWD, or HWD s officers, agents employees, contractors or assignees HWD shall at its cost and expense, defend against any and all such claims, suits or actions (whether just or unjust) which may be brought against HSD because of any such above- mentioned actions HSD shall not be responsible or liable for any damage to any property, fixtures, buildings or other improvements constructed or installed by HWD, or for any injury to any person or persons, at any time on the Easement Area, including any injury to HWD or to any of HWD s officers, agents, employees, contractors, customers or assignees, except as may result from acts or acts of omission or commission of HSD or HSD s officers, agents, employees, assignees or contractors 11 Destruction by Casualty In the event the Reser% oir shall be damaged to the extent that it is no longer useable as an operational reservoir, HWD shall not be required to rebuild HWD may elect within 180 days after the date of destruction, to terminate this Agreement In that event, HWD shall apply so much of the available insurance proceeds as may be required to satisfy the construction loans, any liens which were expressly approved, in writing, by HSD and to promptly restore the Easement Area to a safe and usable condition in accordance with paragraphs 13 and 14 The remainder of the proceeds if any, shall remain the property of HWD 12. Default. 12.1. The following shall be events of default under the terms of this Easement Agreement 12.1 1 failure to pertorm the obligations specified in 5eLtion 1, 12.1.2. failure to comply with any law, regulation, policy or order of any lawful governmental authorit\ 12.1 3 failure to complti with an\ other pro ot this Agreement, 12.2. In the event of default, the non -defaulting party shall give written notice of default to the defaulting party specifying the nature ot the HWDK10/14/98 7- default The defaulting party shall have 30 days from the date of notice to cure a monetary default The defaulting party shall have 90 days from the date of notice to cure or initiate the necessary proceedings to cure a non -monetary default If the defaulting party fails to cure the default or initiate the necessary proceedings to cure a non -monetary default within the specified time and diligently prosecute such cure to completion, the non -defaulting party may terminate this Agreement. 13 Obligations on Termination. In the event this Agreement is terminated pursuant to paragraphs 11, 12, or 15 the following obligations shall exist 13 1 Except in the situation where the termination is due to a default by HSD, as defined in paragraph 12, the termination of this Agreement shall not release HWD from any liability or obligation arising under this Agreement prior to such termination 13.2. On termination of this Agreement tor any reason, HWD shall not be required to remove the Lid, or remove the Reservoir but shall be required to leave the Easement Area in a safe and usable condition in accordance with then existing engineering and safety standards Under current engineering and safety standards it would not be unreasonable for HWD to be required to fill the reservoir with a material such as sand HSD shall provide prior written approval of the plans and specifications for leaving the Easement Area in a sate and usable condition, which approval shall not be unreasonably withheld 14. Property Ownership On the termination of this Agreement all structures, improvements and fixtures of any nature constructed or installed by HWD on the Crestview Site shall, subject to HWD's compliance with paragraph 13, become the property and responsibility of HSD and shall not be removed by HWD Notwithstanding the foregoing, removable trade fixtures mai- be remo% ed by HWD from the Crestview Site at the termination of this Agreement HWD shall repair any damage caused by the removal If HWD fails to remove such trade fixtures, HSD may, at HSD's option, deem the trade fixtures part of the premises, or may remove and dispose of such fixtures at HWD s expense 15 Hazardous Substances 15 1. Reservoir Site In the event HWD discovers any condition during or after the excavation and construction of the Reservoir that HWDK10/14/98 8 would indicate the possible existence of Hazardous Substances on the Reservoir Site, HWD shall be responsible for whatever actions are necessary, at its sole cost and expense, to remediate, remove or otherwise clean the Reservoir Site as required by local, state and federal law HSD assumes no obligation for the remediation, removal or clean up of any Hazardous Substances existing on the Reservoir Site, unless HSD agrees to do so in writing subsequent to the execution of this Agreement HWD shall indemnify, defend and hold HSD harmless from and against any and all liability, damages, and penalties incurred by HSD as a result of the presence, remediation, removal or other clean up of Hazardous Substances on the Reservoir Site 15.2. Demolition Site. With the exception of the known and identified Hazardous Substances identified, or reasonably suspected, in the en, ironmental reports listed in Exhibit D ("Enk ironmental Reports"), in the event that HWD discovers any condition prior to or during the demolition and removal of the existing buildings as described in Exhibit D, that would indicate the possible existence of Hazardous Substances on the Demolition Site, HWD shall immediately notify HSD Upon notification, HSD shall be responsible for whatever actions are necessary, at its sole cost and expense, to remediate, remove or otherwise clean such newly identified Hazardous Substances on the Demolition Site as required by local, state and federal law, unless such matter is caused by the negligence or willful misconduct of HWD H\\IJKIO 14/98 HWD assumes no obligation for the remediation, removal or clean up of any Hazardous Substances existing on the Demolition Site as described in Exhibit D, unless specified, or reasonably suspected, in the Eng ironmental Reports listed in Exhibit D or unless H W D agrees to do so in writing subsequent to the execution of this Agreement HSD shall indemnify, defend and hold HWD harmless from and against any and all liability, damages, and penalties incurred by HWD as a result of the existence ot Hazardous Substances on the Demolition Site in excess ot the known or reasonably suspected, Hazardous Substances as described in the Environmental Reports listed in Exhibit D The parties acknowledge that the Environmental Reports specify certain Hazardous Substances which are either knob n to exist on -9- the Demolition Site or are reasonably suspected to exist thereon (for example, some asbestos containing materials ( ACM") are known to exist, and some are reasonably suspected to exist within the buildings located on the Demolition Site, but the exact amount of such ACM's has not been identified or fully quantified) The parties acknowledge that HWD shall be responsible for the remediation, removal and cleanup of such Hazardous Substances, known or reasonably suspected, even though the exact amount thereof may not be known as of the date of this Agreement, and HWD acknowledges that the reasonably suspected presence of Hazardous Substances has been taken into account in preparing the demolition plan identified in Exhibit D The responsibility of HSD with respect to Hazardous Substances existing on the Demolition Site shall only extend to those Hazardous Substances that are (a) not identified in the Environmental Reports as either known to exist or reasonably suspected to exist, and (b) first discovered during the demolition and excavation on the Demolition Site 15 3 The term "Hazardous Substances shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste toxic substance pollutant, or contaminate under any federal, state or local law, regulation or ordinance governing any substance that could cause actual or suspected harm to human health or the environment 16. Inspection. HSD shall have the right to enter the Easement Area at any reasonable hour to inspect for compliance with the terms of this Agreement HSD shall provide HWD ith notice of the inspection at least one day prior to making the inspection Inspections shall not interfere with construction, operation and maintenance of the Reservoir 17 Assignment HWD may only assign or sell its interests under this Easement Agreement ‘ti ith the express V\ ritten consent of HSD hich consent shall not be unreasonably I, ithheld 18. Merger, Consolidation, Take Over In the event of the merger consolidation or take over of either HWD or HSD with or by another municipal corporation, this Easement Agreement shall remain in Lull force and effect and shall bind the successor municipal corporation 19 Notices Any notice required to be gi\ en to HSD shall be in writing and shall be personally delivered or sent certified mail return receipt requested, to Assistant Superintendent of Support Services at the HWDK10/14/98 10- following address. 15675 Ambaum Blvd S W , Burien WA 98166 Any notice required to be given to HWD shall be in writing and shall be personally delivered or sent certified mail, return receipt requested, to General Manager at the following address. P 0 Box 3867, Kent W A 98032. 20 Jurisdiction This Agreement shall be governed by the laws of the State of Washington 21. Dispute Resolution. All claims, disputes and other matters in question between the parties, direct or indirect, arising out of or relating to demolition or construction activities under this Agreement, or the breach thereof, ("Claims,") shall be decided by arbitration in King County, Washington, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise The arbitrator(s) shall not be empowered to grant exemplary or punitive damages Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The parties shall apply to the arbitrators for relevant discovery consistent with the Federal Rules of Civil Procedure, which the arbitrators shall be authorized to order Either party may request that the arbitrator's award include findings of fact and conclusions of law The award rendered by the arbitrator or arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof Within 15 days of receipt of the written findings of fact and conclusions of law, either party will have the right to file with the arbitrators and serve on the other party a written motion to reconsider The arbitrators may request the nonmoving or responding party to file a written response within 10 days after receipt of that request, and the arbitrators thereupon will reconsider the issues raised by the motion and response (if anv) and either confirm or alter their decision, which will then be final, binding and conclusive upon the parties The cost of such motion for reconsideration and written opinion of the arbitrators, including reasonable attorneys fees, will be awarded against the moving party if it does not prevail Upon demand of either party, the arbitration shall include, by consolidation, jdinder or third -party claim, any person or entity substantially involved in a common question of fact or law where the presence of such person or entity is required if complete relief is to be accorded in the arbitration, or who is alleged to be liable to a party for all or part of a claim in the arbitration. The agreement herein among the parties to this Agreement and any other written agreement HWDK10/14/98 -11- to arbitrate referred to herein shall be specifically entorceable under applicable law in any court having jurisdiction thereof 22. Attorney's Fees. In the event of dispute resolution regarding the terms of this Agreement, the prevailing party shall be entitled to reimbursement for all costs, expenses and reasonable attorney s fees incurred in connection with the realization or enforcement of any term, condition, provision or remedy contained in this Easement Agreement or related documents, with or without litigation, including without limitation the costs, expenses and fees incurred on appeal, in any arbitration but not in any mediation 23 Waiver Any failure by either party to enforce any right arising hereunder shall not be deemed a waiver of such right 24. Modification. This Easement Agreement represents the entire agreement between the parties No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the parties unless executed in writing b\ authorized representatives of each of the parties The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 25. Benefits. This Easement Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons 26 Binding Effect. This Easement Agreement shall be binding on and inure to the benefit of the parties their legal representatives, successors and permitted assigns. 27 Severability If any provision of this Easement Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected Dated DE-LEt1 SER- fO{ 1418 B} HIGHLINE WATER DISTRICT HIGHLINE SCHOOL DISTRICT NO 401 U CITY OF TUKWILA B� -12 ACKNOWLEDGMENTS - ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF WASHINGTON ) ACKNOWLEDGMENT ) ss O F County of King ) REPRESENTATIVE II I certify that I know or have satisfactory evidence that S.? c -le signed this instrument, on oath stated that she/he was authorized to execute th Instrument and acknowledged It as the Mai.a er' of HIGHLINE WATER DISTRICT to be the free and voluntary act of suh party for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me on OA o oe r a o , 199. PCJ+IIL Notary Public in and for the State of Washington, Residing in `vC' of 4.,ti4 My appointment expires Co a— A.00 STATE OF WASHINGTON, ) ss. County of King ACKNOWLEDGMENT OF REPRESENTATIVE I certify that I know or have satisfactory evidence that „�..�1cCrrsigned this instrument, on oath stated that she/he was authorized to execu the instrument and acknowledged it as the 1. J.,,,.. -e.•`L.rof HIGHLINE SCHOOL DISTRICT NO 401 to be the free and voluntary act df such party for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me on r / O 19 11 STATE OF WASHINGTON ss. County of King. OA - Notary Public in and for the S ate of Washington, Residing in My appointment expires ACKNOWLEDGMENT OF REPRESENTATIV E I certify that I know or have satisfactory ekidence that\JOhn i'v &TAILS signed tlus instrumen on oath stated that she/he was authorized to execute the instrument and acknowledged It as the of CITY OF TUKWILA to be the free and voluntary act of such party for uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me on. &IJ/L- HWDKIO/ 13- Notary Public in and for the State oF, Washington, Residing in ► �/ My appointment expires ' / Exhibit A Description of Crestview Site to the Agreement and Easement for Water Reservoir dated 140 , 1918 between HIGHLINE SCHOOL DISTRICT NO 401, a municipal corporation organized and existing under the laws of the State of Washington, and HIGHLINE WATER DISTRICT, a municipal corporation organized and existing under the laws of the State of Washington 0 u c cNi 750 Li1 690' Measurements ore approximate Drawing not to scole 0 a• N So 164th St AREA 475,330 Sq ' 10 9 Acres LEGAL DESCRIPTION Kroll 343 E That portion of the northeast quarter of section 27, township 23 north range 4 eost, W M described cs follows Beginning on the north line of said section 27, distant north 89° 59' 10 west 1706 10 feet from the northeo;t corner thereof; thence south 0° 15 50 east 305 40 feet to the true point of beginning; thence continuing south 0° 15' 50" east 886 20 feet to the northerly margin of South 164th Street thence north 89°59' 10' west along said northerly road margin 60 feet thence north 0° 15 50 west 290 40 feet thence north 89° 59 10 west 690 00 feet thence north 0° 15 50 west 260 40 feet thence nor h 89° 59' 10 .vest 150 00 feet to the easterly margin of 42nd Avenue South thence north C° 15 50 wes along said easterly rood margin 60 feet thence south 89° 59' 10 east 150 OC leer thence north 0° 15 50 west 275 40 feet thence south 89° 59' 10 east 750 00 feet +o he true point of beginning HWDK10/14/98 -14- Exhibit B Description of Leased Premises to the Agreement and Easement for Water Reservoir dated l t '1 o , 102 between HIGHLINE SCHOOL DISTRICT NO 401, a municipal corporation organized and existing under the laws of the State of Washington, and HIGHLINE WATER DISTRICT, a municipal corporation organized and existing under the laws of the State of Washington. That portion of the Northwest Quarter of the Northeast Quarter of Section 27, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point on the North line of said subdivision distant North 89° 59' 10" West 1706.10 feet from the Northeast corner of said Section 27, thence South 0° 15' 50" East 305 4 feet to the true point of beginning of this description, thence North 89° 59' 10" West 600.00 feet, thence South 0° 15' 50" East 0.40 feet; thence North 89° 59' 10" West 150 feet; thence South 0° 15' 50" East 275.00 feet; thence North 89° 59' 10" West 150 feet; thence South 0° 15' 50" East 30.00 feet; thence South 89° 59' 10" East 260.00 feet; thence North 0° 15' 50" West 85 40 feet, thence South 89° 59' 10" East 410.00 feet; thence South 0° 15' 50" East 375.80 feet; thence South 89° 59' 10" East 170.00 feet; thence South 0° 15' 50" East 290.40 feet; thence South 89° 59' 10" East 60.00 feet, thence North 0° 15' 50" East 886.20 feet to the true point of beginning (Being known as the South 30 feet of Lot 1, the South 305 4 feet of Lot 2 except the South 85 4 feet of the East 40 feet of said Lot 2, the North 220 feet of the South 305 4 feet of Lots 3 and 4, the South 305 4 feet of Lots 5 and 6 except the South 85.4 feet of the West 70 feet of said Lot 5, the North 290.4 feet of the East 80 feet of Lot 34, and lot 33 except the South 290.4 feet of the West 90 feet of said lot 33, all in Block 5, McMicken Heights Division No. 2 according to the unrecorded plat thereof. HWDK10/14/98 -15- Exhibit C Description of Reservoir Easement The Easement Description contained herein may be modified by mutual agreement of the parties to conform with the final plans and technical specifications for the reservoir as approved by Highline School District. RESERVOIR SITE. A non-exclusive easement for the purpose of constructing, operating, maintaining, repairing, and using an underground reservoir, underground utilities leading to and from the reservoir and all necessary surface structures, vents, access hatches and utility buildings, together with the nonexclusive right of ingress to and egress from the reservoir for the foregoing purposes, across, along, in, upon, under and above the following described real property situated in King County to wit: That portion of the Northeast quarter of Section 27, Township 23 North, Range 4 East, W.M , King County Washington described as follows Beginning on the North line of said Section 27, distant N 89° 59' 10" W 1706 10 feet from the Northeast corner thereof, thence S 0° 15' 50" E 305 40 feet; thence N 89° 59' 10" W a distance of 420 feet to the true point of beginning; thence continuing N 89° 59' 10" W a distance of 330 feet; thence S 0° 15' 50" E distance of 275 40 feet; thence N 89° 59' 10" W a distance of 150 feet to the easterly right-of-way of 42nd Avenue South, thence S 0° 15' 50" E along the easterly right-of-way of 42nd Avenue South a distance of 60 feet; thence S 89° 59' 10" E a distance of 280 47 feet, thence N 47° 10' 59" E a distance of 81 49 feet; thence S 89° 59' 10" E a distance of 139.50 feet; thence N 0° 15' 50" W a distance of 280 feet to the true point of beginning. This easement shall prohibit the construction of any improvements on the lid of the reservoir ("Reservoir Lid") which, in HWD's reasonable discretion, are determined to interfere with or pose a threat to the structural integrity of the Lid and Reservoir and the operation of the Reservoir HSD shall limit uses on the lid of the Reservoir to assure that the "Live Load" shall not exceed 100 lbs/sq ft or HS -15 highway loading whichever is greater "Live Load" is defined as loading on the Reservoir Lid above and beyond the weight of the earth cover The earth cover shall be a minimum of two feet in depth DEMOLITION SITE. Together with a temporary non-exclusive easement for surface parking, pedestrian access, demolition of existing buildings and construction activities HWDK10/14/98 -16- related to the construction of an underground water reservoir across, along, upon, under and above the following described real property situated in King County to wit - Commencing at the northeast corner of the parcel described in "Exhibit A", thence N 89° 59' 10" W along the north line of said parcel a distance of 750 feet to the northwest corner of said parcel, thence S 0° 15' 50" E along the west line of said parcel a distance of 275 40 feet; thence N 89° 59' 10" W a distance of 150 feet to the easterly right-of-way of 42nd Avenue South, thence S 0° 15' 50" E along the easterly right-of-way of 42nd Avenue South a distance of 60 feet, thence S 89° 59' 10" E a distance of 150 feet to the true point of beginning, thence S 0° 15' 50" E a distance of 260 40 feet to the southwest corner of said parcel, thence S 89° 59' 10" E a distance of 580 feet, thence N 0° 15' 50" W a distance of 100 feet, thence N 49° 18' 14" W a distance of 331 05 feet, thence N 89° 59' 10" W a distance of 139.50 feet, thence S 47° 10' 59" W a distance of 81 49 feet; thence N 89° 59' 10" W a distance of 130 47 feet to the true point of beginning The temporary easement shall terminate and expire without further action of the parties on June 1, 2001 HWDK10/14/98 -17- Exhibit D Building Demolition and Removal Specifications The Description contained herein may be modified by mutual agreement of the parties to conform with the final plans and technical specifications for the building demolition and removal as approved by Highline School District. DEMOLITION CONTRACT DOCUMENTS: Contract Documents. Water Storage Improvements Project 7 6 million gallon reservoir project No 96-3 Phase I Crestview,Elementary School Demolition for Highline Water District Contract No 98-7-05, dated 12- — y ,1998, prepared by Parametrix , Inc incorporated by this reference. ENVIRONMENTAL REPORTS. 1 Phase One Environmental Site Assessment, Crestview Elementary School (E-0758), by GEO Group Northwest, Inc , dated June 5, 1997 2. Asbestos Report from Pacific Rim Environmental, Inc. to Parametric, Inc., dated April 17, 1998. HWDK10/14/98 -18- E- U0'r E 1 42N0 AVENUE SOUTH a i • : 5 D 00000000 0 00 O 000000 G 0 11 if I 11 1 I SIN I!: " i 1 ii laa A ll if I Y I g a v• A + Ai A 11 $ 11 1 1R RR e 1 [ I " 1_1 �i ,al ; 11 T H 1 a" ® I t* 1 , i l'4 I4 II 0,1 i ill III X p Ait r a +� ; ill R e: i I;saxn .Ii8i'I' Z r 14::i