HomeMy WebLinkAbout02-037 - City of Renton - South 180th Street Grade Separation 1 1-1Cq 0
CAG -02 -199
INTERLOCAL AGREEMENT
BETWEEN CITY OF TUKWILA AND CITY OF RENTON
REGARDING THE IMPROVEMENTS TO
SOUTH 180 STREET
THIS AGREEMENT is made and entered into by and between the City of Tukwila, hereinafter
sometimes called "Tukwila," and the City of Renton, hereinafter sometimes called "Renton." This
Agreement is made for the purpose of performing design, acquiring necessary property, and constructing
improvements to South 180th Street in order to accommodate the grade separation with the existing
UPRR and BNSF.
RECITALS
A. Part of the Project is within the City of Tukwila, part of the Project is within the City of Kent, and
part of the Project is within the City of Renton.
B. The cities of Renton and Tukwila have both identified the need for road improvements on South
180th Street to improve vehicular safety at the existing railroad crossings.
C. It is in the best interest of Tukwila and Renton to establish a lead agency to manage this Project and
to provide for the design, environmental review, property acquisition and construction of the
Project.
D. Tukwila and Renton are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
government cooperative agreement of this nature.
E. The water main within the existing right -of -way needs to be relocated to the north of the existing
right -of -way in order to accommodate the grade separation with the roadway going under the
railroads.
F. The sewer main within the existing right -of -way needs to be relocated to the north of the existing
right -of -way in order to accommodate the grade separation with the roadway going under the
railroads.
G. Wetlands within the railroads right -of -way need to be filled to accommodate the temporary railroad
shoofly. Mitigation for filling these wetlands will be accomplished on City of Renton property
adjacent to the Oakesdale Business Park.
H. Stormwater detention and a pump station need to be located adjacent to the South 180 Street. City
of Renton property along the northeast quadrant provides the best alternative for collecting, treating
and discharging stormwaters.
2r Kit L
ORGNAS
NOW, THEREFORE, Tukwila and Renton agree as follows:
AGREEMENT
1. SCOPE OF WORK
This Project will reconstruct the existing four -lane South 180th Street in order to grade separate the
roadway from the existing UPRR and BNSF. New curb, gutter, and sidewalks are proposed within the
grade separation. Wetland mitigation and stormwater facilities are proposed within the limits of City of
Renton property along the Northeast quadrant of the project. Structural walls will be used to minimize
impacts to adjacent properties.
2. TERMS AND CONDITIONS
2.1 Tukwila shall be the lead agency for the Project with regard to design, environmental review,
obtaining right -of -way and other property, if needed, construction and all other matters
pertinent to accomplishment of the Project.
2.2 Tukwila shall be the lead agency for coordinating, developing and obtaining permits for the
creation of wetlands on the City of Renton property. City of Renton will provide review and
written comments, if any, to Tukwila for the wetland mitigation plans. Wetland mitigation
will be consistent with Option 2 outlined by the City of Renton dated October 4, 2000 where
1.92 acres of wetland creation that included 1.67 acres required for filling of wetland within
the railroads right -of -way for Shoofly embankments and 0.25 acres to replace the Oakesdale
Business Park wetland buffer encumbrance. Tukwila will provide to Renton a calculation
showing the allocation of the 1.92 acres within the City of Renton parcel
2.3 Tukwila shall be the lead agency for the Project with regard to the water main and sewer
main relocation designs and reconstruction. City of Renton contact persons for the water and
sewer utilities will meet and assist Tukwila on an as needed" basis to provide guidance for
the utility relocation design and contract documents preparation.
Interlocal Agreement Page 2 of 10
Cit. of Tukwila Cin of Renton
S. 180 St Grade Separation
2.4 Tukwila shall be responsible for the advertisement and selection of engineering and other
design consultants as necessary for the completion of the engineering design.
2.5 Tukwila shall be responsible for coordinating the public information and involvement.
Renton shall be given the opportunity to attend and participate in any public meetings.
2.6 Tukwila shall provide to Renton the necessary permit applications (Shoreline Substantial
Development Permit) for the construction of that portion of the Project within Renton's
jurisdiction.
2.7 The parties to this Agreement shall appoint a contact person or persons to act as liaison for
the Project. These contact persons will meet on an "as needed" basis to provide guidance for
the Project and serve as a coordination body between the two agencies.
2.8 Tukwila will provide 70 and 95 percent plans and specifications to Renton for review.
Renton will provide written comments, if any, to Tukwila within 10 days after Renton
receives the plans and specifications.
2.9 Tukwila shall be responsible for the acquisition of all property necessary for the Project.
Renton agrees to cooperate in Tukwila's efforts to acquire property that lies within Renton's
portion of the Project area. Renton agrees to cooperate in Tukwila's efforts to acquire
property for utility easements and agrees to cooperate in Tukwila's efforts to locate utilities to
minimize property impacts and damages. Renton authorizes Tukwila to exercise eminent
domain within Renton's portion of the Project area, as needed. Title to any property acquired
within Renton shall be vested in the City of Renton.
2.10 Renton hereby grants Tukwila right -of -entry into the incorporated limits of Renton for the
purpose of performing any and all tasks necessary to complete the Project.
2.10 The final acceptance of the Project design shall be by Tukwila after review by Renton.
Interlocal Amen Paae 3 of 10
City of Tukwila City of Renton
S. 180 St Grade Separation
3. CONSTRUCTION CONTRACT BIDDING
3.1 Tukwila shall prepare the contract bid documents for the Project.
3.2 Tukwila shall advertise the contract in the official legal publication for the City of Tukwila
and, if necessary, other newspapers to provide the widest possible coverage commensurate
with the size of the Project.
3.3 Tukwila will provide to Renton a copy of the plans and specifications advertised for bid.
3.4 Tukwila will open the bids. Tukwila will notify Renton of the time and date of the opening
of the bids, which will be approximately five to six weeks after the Project is advertised.
Renton may, but need not, attend the opening of the bids.
3.5 Tukwila will tabulate the bids. Tukwila shall provide a dated, verified copy of the bid
tabulations to Renton. The bid tabulations will identify the estimated construction,
inspection, and overhead cost, based upon the lowest responsible bid.
3.6 Tukwila shall award the contract to the lowest responsive, responsible bidder for the total
Project, subject to applicable laws and regulations.
4. CONTRACT ADMINISTRATION
4.1 Tukwila shall provide the necessary engineering, administrative, inspection, clerical and other
services necessary for the execution of the Project. In providing such services within Renton,
Tukwila's City Engineer may exercise all the powers and perform all the duties vested by law
or ordinance in the City of Renton's Engineer or other Renton officer or department charged
with street administration.
4.2 Renton may furnish an inspector (at Renton's expense) to insure proper compliance with
requirements during the construction of the portion of the Project located within Renton.
Renton's inspector shall advise Tukwila's Project Manager of any deficiencies noted.
Renton's inspector shall not communicate directly with or instruct the contractor directly on
any matters regarding contract performance. Renton shall notify Tukwila, in writing, of any
lnterlocal Agreement Page 4 of 10
City of Tukwila Cit of Renton
S. 180'" St Grade Separation
changes it wishes to make in the plans and specifications, which affect Renton's portion,
which changes shall be made, if feasible. The Tukwila City Engineer will have the authority
to determine whether any changes requested by Renton will be implemented. Renton will
only be financially responsible for those requested construction changes if they are
betterment changes that change the scope of work or the approved construction plans and
result in an increase in the project's cost. Renton will not be responsible for the costs of
change orders that are due to unknown field conditions or design problems that are identified
during the project construction. Renton's financial responsibility will be in addition to
Renton's lump -sum payment to Tukwila described below.
4.3 Tukwila will at all times keep Renton advised as to the progress of the Project, and shall not
order or approve any changes in the approved Project design that substantially change the
nature of the Project within the limits of the City of Renton without first consulting Renton.
Tukwila's City Engineer will have the authority to determine whether any changes will be
implemented.
4.4 Tukwila shall notify Renton of the "project substantial completion date." Prior to the "project
physical completion date Tukwila and Renton shall perform a final inspection of the project
located within Renton. Renton may provide a written deficiency list to Tukwila within ten
working days after the inspection. The contractor will complete only construction
deficiencies that comply with the contract specifications. Final Project acceptance will be by
Tukwila's City Engineer.
5. OWNERSHIP AND MAINTENANCE
5.1 Relocated water and sewer utilities will remain City of Renton facilities and Renton will
assume ownership and maintenance after final contract acceptance by the City of Tukwila.
Renton will be entitled to the one -year construction warranty required by the project
construction contract to be provided by the contractor. Tukwila will be responsible for
enforcing the warranty if Renton identifies construction deficiencies, which are covered by
the one -year construction warranty required in the construction contract. Should the parties
be unable to agree upon warranty items, then Section 9, Dispute Resolution, shall govern.
Interlocal Agreement Page 5 of 10
Cin of Tukwila City of Renton
S. 180`" St Grade Separation
5.2 Through a permanent easement granted by Renton, Stormwater detention facilities located on
the City of Renton parcel shall be owned and maintained by the City of Tukwila, including
the underground pump station, the above ground maintenance building that houses the
emergency generator, the pond, access roads, and outfall piping. The easement will include a
description of Tukwila's obligation. The easement is included in Exhibit (A). Tukwila will
provide Renton with a key to the access gate in order to provide access to the created
wetlands.
5.3 Through a permanent easement to be granted by the City of Renton, the City of Tukwila shall
be responsible for the created wetlands required as mitigation for the project. The easement
will include Tukwila's obligation under Section 5.2 and is included in Exhibit (A). The City
of Tukwila will be responsible for the maintenance, monitoring, reporting and success of the
created wetlands in accordance with the conditions specified in all local, state and federal
permits that are necessary to complete the project. The monitoring and maintenance period
will begin upon final acceptance of the project by the City of Tukwila, or as otherwise by any
project permit. Tukwila's Contractor will provide one (1) year of wetland monitoring for the
grade separation project as a part of the one -year warranty period. A small works contract
will be administered by Tukwila to address remediation requirements including but not
limited to selective weeding, plant replacement and/or enhancement and irrigation
maintenance. A minimum of ten (10) years after the beginning of the monitoring and
maintenance period Tukwila, may, at its option, request that Renton assume responsibility for
the created wetlands. Renton shall assume responsibility for the created wetlands only upon
satisfactory demonstration by Tukwila that there are no further maintenance, monitoring,
reporting or modification requirements placed upon the wetlands by the Army Corps of
Engineers or other federal or state resource agency. Renton shall at its sole discretion
determine whether these issues have been satisfactorily demonstrated by Tukwila. Shifting
of responsibility for the created wetlands between Tukwila and Renton shall be accomplished
by jointly executed written document.
6. PAYMENT
6.1 Renton's contribution to the Project will include $500,000 payment to Tukwila along with
the contribution of 2.62 acres of Renton owned property to the Project for wetland and storm
water mitigation, which has a fair market value of $300,000. Renton's total contribution to
lnterlocal Agreement Page 6 of 10
Cit\ of Tuk'\ ila City of Renton
S. 180'" St Grade Separation
the Project is $800,000 in funding and property. Renton has already paid $35,000 of this
total to date. The remaining funding payment amount of $465,000 will be paid to Tukwila in
a lump sum at the time of execution of this agreement by Tukwila and Renton. Tukwila
agrees to credit to Renton the total contribution $800,000 (payment plus land value) as
Renton's contribution to the Project.
6.2 Tukwila's contribution to the Project consists of an $800,000 cash payment; $160,260 for the
present value costs (base year of 2002) over a 20 -year period to maintain the stormwater
detention facilities, pump station, emergency generator building and generator, access road
and outfall piping; and $102,362 for the present value (base year 2002) costs over a 10 -year
period to monitor the wetland, including inspection, replacement of plants, etc., and reporting
requirements. Renton agrees to credit to Tukwila the total contribution of $1,062,622 as
Tukwila's contribution to the Project. The difference of $262,622 between Tukwila's
contribution and Renton's contribution will be applied against Tukwila's contribution to the
Strander Blvd. Extension Project.
6.3 Subsequent to the physical completion of the project, Tukwila and Renton will review the
amount of local funding each party has applied to the project and determine final, reconciled
local funding numbers. For the purpose of this contract, local funding shall mean the value
of city funds, city -owned property, and present value of ongoing and future operation and
maintenance costs (including staff costs) for the created wetlands and storm water facilities
contributed to the project, exclusive of funds contributed by grants, project funding partners,
and costs of city staff, materials, and equipment contributed to the project. Renton and
Tukwila shall share these numbers, along with backup proof or substantiation of these
numbers as requested by the other city. Any local funding contributed by one city in excess
of the local funding contributed by the other city shall be applied as a credit toward that city's
contribution to the SW 27th Street/Strander Blvd. Extension project, as established in the
interlocal agreement for that project. Property values listed in paragraphs 6.1 and 6.2 shall
not be adjusted for purposes of this reconciliation.
Intel Agreement Page 7 of 10
Cin of Tukwila Cit. of Renton
S. 180` St Grade Separation
6.4 In addition to the foregoing funding to be provided to the Project by Renton, Renton will pay
Tukwila for those requested construction changes if they are betterment changes that change
the scope of work or the approved construction plans and result in an increase in the project's
cost. Renton will not be responsible for the costs of change orders that are due to unknown
field conditions or design problems that are identified during the project construction.
6.5 In the event a lawsuit is instituted to enforce the payment obligations of Renton, the
prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable
attorney's fees.
7. DURATION/TERMINATION
7.1 This Agreement shall remain in effect until final acceptance of the Project, payment by
Renton of all monies due from Renton to Tukwila, and completion of the wetland monitoring
and maintenance period subject to the early termination provisions below.
7.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the
completion of the Project, either party may, with 30 days written notice to the other party,
terminate this Agreement.
7.3 In the event of termination prior to completion of the Project:
7.3.1 The party requesting termination shall pay all direct and indirect phasing -out costs.
7.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of
termination of the Project.
8. INDEMNIFICATION AND HOLD HARMLESS
Washington State law shall govern the respective liability between the parties to this Agreement for
any loss due to property damage or personal injury arising out of the activities conducted pursuant
to this Agreement.
Interlocal Agreement Page 8 of 10
Cm of Tukwila City of Renton
S. 180 St Grade Separation
9. DISPUTE RESOLUTION
9.1 In the event of a dispute between the parties regarding this Agreement, the parties shall
attempt to resolve the matter informally. If the parties are unable to resolve the matter
informally within 30 days, the matter shall be decided by the City of Tukivila's Director of
Public Works.
9.2 The parties may also agree to an alternative dispute resolution process.
10. OTHER PROVISIONS
10.1 Tukwila shall be deemed an independent contractor for all purposes and the employees of
Tukwila, or any of its contractors, subcontractors, and their employees shall not in any
manner be deemed to be employees of Renton.
10.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any
party not a signatory to this Agreement, or to form the basis for any liability on the part of
Renton, Tukwila, or their officials, employees, agents, or representatives, to any party not a
signatory to this Agreement.
10.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
10.4 With the exception of those facilities included in sections 5.2 and 5.3 of this agreement, each
party shall retain ownership and usual maintenance responsibility for the road, drainage
system, signs, sidewalk, and other property within its jurisdiction.
10.5 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall
not be affected thereby if such remainder would then continue to serve the purposes and
objectives of the parties.
10.6 The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
lrtterlocal A2.reement page 9 of 10
Cit\ of Tuk ila Cit\ of Renton
S. 180 St Grade Separation
10.7 This Agreement contains the entire agreement of the parties and any representations or
understandings, whether oral or written, not incorporated herein are excluded.
10.8 This Agreement may be amended only by an instrument in writing, duly executed by both
parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last
written below.
CITY OF TUKWILA CITY OF RENTON
.ci3- V\4,1/4CMCLA--- J Tanner
t
Title: Title:
C neLi.,i07-4--/ Mayor
i
if/c5
Date Date
PROVED AS TO FORM: APPROVED AS TO FORM:
\V
(7aA.A.)....-.0.A. ›.)2
Tukwila City Attorney Renton City Attorney
ATTEST /AUTHENTICATED: ATTEST AUTHENTICATED:
ila City Clerk Renton City Clerk
lnterlocal Agreement Page 10 of 10
City of Tukwila Ci■ of Renton
S. 180" St Grade Separation
Cxll(h,) A
/e61-12--
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
1
20030203000125
CITY OF RENTON EAS 22.00
PAGE 001 OF 004
02/03/2003 09:02
KING COUNTY, WA
Title: UTILITIES EASEMENT I Property Tax Parcel Number: 362304 -9002
Project File 1 Street Intersection or Project Name: S. 180m Undercrossing Project
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation
2. Franchise Utilities in the City of Renton
LEGAL DESCRIPTION:
A utilities easement over the south 45 feet of the following described tract:
That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North, Range 4 East,
W.M., in the City of Renton, King County, Washington, described as follows:
Beginning at the northeast corner of Henry Adams Donation Land Claim No. 43;
Thence easterly, along the centerline of SW 43r Street (formerly South 180 Street and a County road), a
distance of 114 feet;
Thence north, a distance of 30 feet, to an intersection with the northerly right -of -way margin of said street and
the True Point of Beginning;
Thence North, a distance of 644.78 feet;
Thence northerly, parallel with the east line of the Northern Pacific Railroad Company right -of -way, to an
intersection with the north line of said subdivision;
Thence westerly along said north line, to an intersection with the east line of said right -of -way line;
Thence southerly along said east line, a distance of 1076.6 feet;
Thence east, a distance of 20 feet;
Thence southerly along said east line, to an intersection with said northerly right -of -way margin of SW 43`'
Street;
Thence easterly along said northerly right -of -way margin, to the True Point of Beginning;
Page 1
That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell,
convey, and warrants unto the said Grantee, its successors and assigns, an easement for wetlands plantings with
necessary appurtenances over, under, through, across and upon the following described property (the right -of-
way) in King County, Washington, more particularly described on page 1.
For the purpose of installing, replacing and maintaining wetlands plantings, together with the right of ingress
and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal
obligation or Liability therefor. Following the initial construction of its facilities, Grantee may from time to time
construct such additional facilities as it may require. This easement is granted subject to the following terms and
conditions:
1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of
the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as
practicable to the condition they were in inunediately before commencement of the work or entry by the Grantee.
2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement
rights granted to the Grantee.
This easement shall run with the land described herein, and shall be binding upon the parties, their heirs,
successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and
that they have a good and lawful right to execute this agreement. Upon successful completion of all permit
requirements associated with the wetlands plantings, the City of Tukwila may pursue a release of this easement
from the City of Renton.
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and
every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the
heirs, executors, administrators and assigns forever.
IN WI SS WHEREOF, said Grantor has caused this instrument t l lyliplp ed this l7 day of 1,G.. 20 oa.
C f Renton Of R N
.lase Tanner, Mayor
Attest
SEAL
a ti ti21. /,65
City Clerk ''.j n TED V-0
ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON SS
`,,...W,,,tiy,I COUNTY OF KING
0. tit I certify that I know or have satisfactory evidence that Jesse
Tanner, Mayor signed this instrument, on oath
li e
t F stated that he was authorized to execute the instrument and acknowledged it as the
i ��O//�V 1 Mayor of The City of Renton to be the free and voluntary act of such party/parties for
_...cArekthr..,- ca 4 W -4- TA-0N-qa
441 the uses and purposes mentioned in the instrument.
j \A Notatublic in and for the State of Washington
a Notary(Print) Suzann D. Lombard
My appointment expires: 9/9/05
Dated: December 19, 2002
Page 2
Map Exhibit "A"
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U O
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S 180th St
SW 43rd St
Easement Area
S 180th St Undercrossing Project
Utility Easement to City of Tukwilla City of Renton
Owned Property
Map Exhibit "B"
1
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to
210'
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SW 43rd
IBM
i
City of Tukwila
S 180th St Undercrossing Project //I City Franchise Utilities
Utility Easement to City of Tukwilla (General Utilities)
City of Renton
Owned Property
I Ili I
I I
Return Address: i ii 1 id
City Clerk's Office 20030203000126
City of Renton CITY OF RENTON EAS
1055 South Grady Way PAGE 001 OF 004
02/03/2003 09:02 22.00
Renton, WA 98055 KING COUNTY', WA
X66 is
Title: UTILITIES EASEMENT I Property Tax Parcel Number: 362304 -9002
Project File 1 Street Intersection or Project Name: S. 180in Undercrossing Project
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation
LEGAL DESCRIPTION:
A storm drainage pond easement over the north 75 feet of the south 120 feet of the east 210 feet of the following
described tract:
That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North, Range 4 East,
W.M., in the City of Renton, King County, Washington, described as follows:
Beginning at the northeast corner of Henry Adams Donation Land Claim No. 43;
Thence easterly, along the centerline of SW 43r Street (formerly South 180' Street and a County road), a
distance of 114 feet;
Thence north, a distance of 30 feet, to an intersection with the northerly right -of -way margin of said street and
the True Point of Beginning;
Thence North, a distance of 644.78 feet;
Thence northerly, parallel with the east line of the Northern Pacific Railroad Company right -of -way, to an
intersection with the north line of said subdivision;
Thence westerly along said north line, to an intersection with the east line of said right -of -way line;
Thence southerly along said east line, a distance of 1076.6 feet;
Thence east, a distance of 20 feet;
Thence southerly along said east line, to an intersection with said northerly right -of -way margin of SW 43'
Street;
Thence easterly along said northerly right -of -way margin, to the True Point of Beginning;
Page 1
That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell,
convey, and warrants unto the said Grantee, its successors and assigns, an easement for wetlands plantings with
necessary appurtenances over, under, through, across and upon the following described property (the right -of-
way) in King County, Washington, more particularly described on page 1.
For the purpose of installing, replacing and maintaining wetlands plantings, together with the right of ingress
and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal
obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time
construct such additional facilities as it may require. This easement is granted subject to the following terms and
conditions:
1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of
the easement, 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.
2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement
rights granted to the Grantee.
This easement shall run with the land described herein, and shall be binding upon the parties, their heirs,
successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and
that they have a good and lawful right to execute this agreement. Upon successful completion of all permit
requirements associated with the wetlands plantings, the City of Tukwila may pursue a release of this easement
from the City of Renton.
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and
every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the
heirs, executors, administrators and assigns forever.
/Q*
IN WITNESS WHEREOF, said Grantor has caused this instrum ltlldll> ed this /7 day of 10_12/. 20 ,9
City nton OF RF vT
Or-
Jess6fanner, Mayor
SEAL
Attes�
City Clerk t //�Illlllll[II11111�1���
ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON SS
COUNTY OF KING
f�� °":"^Ne I certify that I know or have satisfactory evidence that JQs s e
lt(A Tanner Mayor signed this instrument, on oath
•''s. stated that he was authorized to execute the instrument and acknowledged it as the
Mayor of The City of Renton to be the free and voluntary act of such party/parties for
woos us s and purposes mentioned in the instrument.
•0 IOUBL
t, .g Notary 1 ublic in and for the State of Washington
Qie Notary (Print) Suzann D. Lombard
My appointment expires: q /q /n5
Dated: December 19, 2002
Page 2
Map Exhibit "N'
3- U Y 1 2
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S 180th St
SW 43rd St
r
S 180th St Undercrossing Project Easement Area
Utility Easement to City of Tukwila City of Renton
Owned Property
Map Exhibit "B"
1)
0
z
rrrs
2th,
0
in
SW 43rd St
City of Tukwila
S 180th St Undercrossing Project \N (Storm Drainage Facilities)
Utility Easement to City of Tukwilla City of Renton
Owned Property
Return Address: N I' t
City Clerk's Office
City of Renton
1055 South Grady Way 111
0 N
Renton, WA 98055 20030203000127
CITY OF RENTON EAS 22.00
PAGE 001 OF. 004
02/03/2003 09:02
KING COUNTY, WA
Title: UTILfI'IES EASEMENT Property Tax Parcel Number: 362304 -9002
Project File Street Intersection or Project Name: S. 180t Undercrossing Project
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation
LEGAL DESCRIPTION:
A wetlands planting easement over that portion of the northeast quarter of the northwest quarter of Section 36, Township 23
North, Range 4 East, W.M., in the City of Renton, King County, Washington, described as follows:
Beginning at the northeast corner of Henry Adams Donation Land Claim No. 43;
Thence easterly, along the centerline of SW 43rd Street (formerly South 180th Street and a County road), a distance of 114
feet;
Thence north, a distance of 30 feet, to an intersection with the northerly right -of -way margin of said street and the True
Point of Beginning;
Thence North, a distance of 644.78 feet;
Thence northerly, parallel with the east line of the Northern Pacific Railroad Company right -of -way, to an intersection with
the north line of said subdivision;
Thence westerly along said north line, to an intersection with the east line of said right -of -way line;
Thence southerly along said east line, a distance of 1076.6 feet;
Thence east, a distance of 20 feet;
Thence southerly along said east line, to an intersection with said northerly right -of -way margin of SW 43rd Street;
Thence easterly along said northerly right -of -way margin, to the True Point of Beginning.
EXCEPT that portion lying northerly of a line 600 feet north of, and parallel with, said northerly right -of -way margin;
EXCEPT the north 75 feet of the south 120 feet of the east 210 feet thereof; and
EXCEPT the south 45 feet thereof.
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That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell,
convey, and warrants unto the said Grantee, its successors and assigns, an easement for wetlands plantings with
necessary appurtenances over, under, through, across and upon the following described property (the right -of-
way) in King County, Washington, more particularly described on page 1.
For the purpose of installing, replacing and maintaining wetlands plantings, together with the right of ingress
and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal
obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time
construct such additional facilities as it may require. This easement is granted subject to the following terms and
conditions:
1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of
the easement, 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.
2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement
rights granted to the Grantee.
This easement shall run with the land descnbed herein, and shall be binding upon the parties, their heirs,
successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and
that they have a good and lawful right to execute this agreement. Upon successful completion of all permit
requirements associated with the wetlands plantings, the City of Tukwila may pursue a release of this easement
from the City of Renton.
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and
every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the
heirs, executors, administrators and assigns forever.
IN WITNESS WHEREOF, s aid Grantor has caused this in xecuted this da y of Oi.o 20 8il.
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City enton O F RE At?. i
e Tanner, Mayor 4.3": x
J y SEAL
Atte J. Gl a i x
City Clerk Cr
ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON SS
COUNTY OF ICING
I certify that I know or have satisfactory evidence that Jesse Tanner
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J Maor. signed this instrument, on oath
ar
O stated that he was authorized to execute the instrument and acknowledged it as the
Mayor of The City of Renton to be the free and voluntary act of such party/parties for
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the s and purposes mentioned in the instrument.
PUBUG
4 ,41...„..„,,epv„,20
NotartPublic in and for the State of Washington
Notary (Print) Suzann D. Lombard
My appointment expires: 9 /9 /05
Dated: December 19, 2002
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Map Exhibit "A"
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S 180th St
SW 43rd St
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S 180th St Undercrossing Project //f Easement Area
Utility Easement to City of Tukwilla City of Renton
Owned Property
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1 210'
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L SW 43rd St
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City of Tukwila
S 180th St Undercrossing Project (Wetlands Planting)
Utility Easement to City of Tukwilla i City of Renton
Owned Property