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Home My WebLink AboutWWP273062 (6)RECEIVED PACIFIC NORTHWEST TITLE COMPANY JAN - 3 2003 OF WASHINGTON, INC. CITY OF RENTON 215 Columbia Street UTILITY SYSTEMS Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Title Technician, Marie Stanek (mariestanek@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 City of Renton/Planning/Bldg/Public Works 1055 South Grady Way Title Order No.: 506566 Renton, WA 98055 Attention: Karen Your Ref.: P0180000198 A. L. T. A. COMMITMENT SCHEDULE A Effective Date: December 20, 2002, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount TO BE AGREED UPON Standard (X) Extended ( ) Premium Tax (8.8%) Proposed Insured: TO FOLLOW NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.ADDITIONAL WORK CHARGES Amount $ 330.00 Tax (8.8%) $ 29.04 2. The Estate or interest in the land described herein and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: JERRY BRENNAN, presumptively subject to the community interest of his spouse, if married on June 25, 1999 date of deed 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, pages 2 and 3, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: All that certain Parcel 2 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, records of King County, Washington, lying in the southeast quarter of Section 31, Township 24 North, Range 5 East, W.M., in King County, Washington, further described for reference as follows: Commencing at the southeast corner of said Section 31; Thence north 0104811611 east, 2,455.27 feet; Thence north 8801114411 west, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; Thence south 2000414811 west, along said centerline of Lake Washington Boulevard 405.39 feet to a brass disk and the point of curve to the right; Thence along said curve to the right, having a radius of 1,602.25 feet, through a central angle of 0402614411, an arc length of 124.32 feet; Thence north 7201810911 west, 186.95 feet to a point on the southeasterly line of Mountain View Avenue; Thence north 2405715911 east along said southeasterly line a distance of 113.97 feet to the TRUE POINT OF BEGINNING; Thence continuing north 24057159/1 east, along said southeasterly line of Mountain View Avenue a distance of 95.77 feet; Thence south 7201810911 east, 103.98 feet to a point 25.0 feet northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; Thence south 2000512111 west, parallel with said Main Tract centerline a distance of 89.04 feet to a point of curve; (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: Thence southwesterly concentric with and 25.0 feet northwesterly, as measured radially from said Main Tract centerline and along a curve concave northwesterly having a radius of 1,552.21 feet, central angle of 0001312311, and an arc distance of 6.04 feet; Thence north 72018109/1 west, 112.12 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. SE 1/4, 31-24-05 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 506566 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: NOTE FOR INFORMATION PURPOSES ONLY: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. 1YiT 7'uitia MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: RESERVED BY: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation PURPOSE: To operate, maintain, reconstruct and modify any and all fiber optic lines, communication lines and facilities related to such fiber optic lines or communication lines AREA AFFECTED: The description contained therein is not sufficient to determine its exact location within the property herein described. RECORDED: RECORDING NUMBER: July 28, 1998 9807281540 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: The Burlington Northern and Santa Fe Railway Company and Jerry Brennan, Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan and Mary T. Brennan RECORDED: RECORDING NUMBER: June 28, 1999 19990628001966 REGARDING: Easement over adjoining property 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001967 REGARDING: Easement over adjoining property (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001968 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation, (formerly Burlington Northern Railroad Company) RECORDED: RECORDING NUMBER: July 28, 1998 9807281540 INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Excepting and reserving unto Grantor, its successors, assignees, lessees and/or licensees all coal, oil, gas, casing head gas and all ores and minerals of every kind and nature, and all water, underlying the surface of the Premises, except with no right of entry onto the surface, or above a depth 500 feet below the surface, of the Premises. NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 6. Matters disclosed on a survey recorded under Recording Number 9901299008, a copy of which is hereto attached. 7. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 8. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES: YEAR: 2002 TAX ACCOUNT NUMBER: 312405-9061-07 LEVY CODE: 2100 CURRENT ASSESSED VALUE: Land: $261,000.00 Improvements: $23,000.00 (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 5 AMOUNT BILLED AMOUNT PAID GENERAL TAXES: $3,249.57 $0.00 SPECIAL DISTRICT: $1.50 $0.00 $5.00 $0.00 TOTAL BILLED: $3,256.07 PAID: $0.00 TOTAL DUE*: $3,256.07 PLUS INTEREST *CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS. 9. Liability to assessments for General and Special Taxes and Charges. The legal description that was on the assessor's records did not agree with the legal description on Quit Claim deed recorded as Recording Number 19990628001964. The property being assessed is Operating Lease Number 501040-10248. 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Jerry Brennan and Mary E. Brennan, husband and wife TRUSTEE: First American Title BENEFICIARY: Boeing Employees' Credit Union AMOUNT: $48,500.00 DATED: September 7, 2000 RECORDED: September 13, 2000 RECORDING NUMBER: 20000913000276 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 11. Right, title and interest of Mary E. Brennan presumed from the execution of instrument recorded under Recording Number 20000913000276. 12. QUESTION OF IDENTITY OF THE SPOUSE OF Jerry Brennan, ON June 25, 1999, DATE OF ACQUIRING TITLE. If he was then unmarried or married to the spouse joining in the execution of the forthcoming instrument, recital therein will be sufficient. Otherwise, the status of the community interest on said date must be determined. NOTE: The name of the spouse of the above party, if married, does not appear of record at the time of acquiring title. The Company has been unable to search for and does not insure against matters relating to the spouse which encumber title to said property. (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 6 13. Unrecorded Operating Lease Number 501040-10248 (formerly Number 234369 and formerly Number 84678) as disclosed by King County tax rolls. 14. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 15. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Our examination discloses that the vestee herein does not own any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: Gerald F. Brennan 2405 Lake Washington Boulevard North Renton, WA 98056 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Number 19990620001964. END OF SCHEDULE B Title to this property was examined by: David Clasen Any inquires should be directed to one of the title officers set forth in Schedule A. rag/19990620001964 / ktgat S �# / k .51 , ' 2 / J �\a � 2 � J ƒ C, 2 f � / jo \ / $ 4 ��■ � ■ ); � � - * ,_- � / r ®4 01 / f a Zo. x 117 ..,` ��/ PAcimC Nc -'�ST T= Order No. -506�� Company of Washington Inc RMpORTANT:This & not aP!!a ofSurvey. It is furrQhdasaconvenience m locate theland indicated hereon with reference tostreets and other lad No liability is assumed byreason ofreliance hereon. PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Title Technician, Marie Stanek (mariestanek@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 City of Renton/Planning/Bldg/Public Works 1055 South Grady Way Title Order No.: 506566 Renton, WA 98055 Attention: Karen Your Ref.: PO180000198 A. L. T. A. COMMITMENT SCHEDULE A Effective Date: December 20, 2002, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount TO BE AGREED UPON Standard (X) Extended ( ) Premium Tax (8.8%) Proposed Insured: TO FOLLOW NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.ADDITIONAL WORK CHARGES Amount $ 330.00 Tax (8.8%) $ 29.04 2. The Estate or interest in the land described herein and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: JERRY BRENNAN, presumptively subject to the community interest of his spouse, if married on June 25, 1999 date of deed 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, pages 2 and 3, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: All that certain Parcel 2 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, records of King County, Washington, lying in the southeast quarter of Section 31, Township 24 North, Range 5 East, W.M., in King County, Washington, further described for reference as follows: Commencing at the southeast corner of said Section 31; Thence north 01°48116" east, 2,455.27 feet; Thence north 8801114411 west, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; Thence south 20°04148" west, along said centerline of Lake Washington Boulevard 405.39 feet to a brass disk and the point of curve to the right; Thence along said curve to the right, having a radius of 1,602.25 feet, through a central angle of 0402614411, an arc length of 124.32 feet; Thence north 7201810911 west, 186.95 feet to a point on the southeasterly line of Mountain View Avenue; Thence north 2405715911 east along said southeasterly line a distance of 113.97 feet to the TRUE POINT OF BEGINNING; Thence continuing north 2405715911 east, along said southeasterly line of Mountain View Avenue a distance of 95.77 feet; Thence south 7201810911 east, 103.98 feet to a point 25.0 feet northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; Thence south 2000512111 west, parallel with said Main Tract centerline a distance of 89.04 feet to a point of curve; (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: Thence southwesterly concentric with and 25.0 feet northwesterly, as measured radially from said Main Tract centerline and along a curve concave northwesterly having a radius of 1,552.21 feet, central angle of 0001312311, and an arc distance of 6.04 feet; Thence north 72*1810911 west, 112.12 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. SE 1/4, 31-24-05 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 506566 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: NOTE FOR INFORMATION PURPOSES ONLY: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: RESERVED BY: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation To operate, maintain, reconstruct and modify any and all fiber optic lines, communication lines and facilities related to such fiber optic lines or communication lines The description contained therein is not sufficient to determine its exact location within the property herein described. July 28, 1998 9807281540 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: The Burlington Northern and Santa Fe Railway Company and Jerry Brennan, Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan and Mary T. Brennan RECORDED: RECORDING NUMBER: June 28, 1999 19990628001966 REGARDING: Easement over adjoining property 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001967 REGARDING: Easement over adjoining property (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001968 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation, (formerly Burlington Northern Railroad Company) RECORDED: RECORDING NUMBER: July 28, 1998 9807281540 INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Excepting and reserving unto Grantor, its successors, assignees, lessees and/or licensees all coal, oil, gas, casing head gas and all ores and minerals of every kind and nature, and all water, underlying the surface of the Premises, except with no right of entry onto the surface, or above a depth 500 feet below the surface, of the Premises. NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 6. Matters disclosed on a survey recorded under Recording Number 9901299008, a copy of which is hereto attached. 7. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 8. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES: YEAR: 2002 TAX ACCOUNT NUMBER: 312405-9061-07 LEVY CODE: 2100 CURRENT ASSESSED VALUE: Land: $261,000.00 Improvements: $23,000.00 (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 5 AMOUNT BILLED AMOUNT PAID GENERAL TAXES: $3,249.57 $0.00 SPECIAL DISTRICT: $1.50 $0.00 $5.00 $0.00 TOTAL BILLED: $3,256.07 PAID: $0.00 TOTAL DUE*: $3,256.07 PLUS INTEREST *CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS. 9. Liability to assessments for General and Special Taxes and Charges. The legal description that was on the assessor's records did not agree with the legal description on Quit Claim deed recorded as Recording Number 19990628001964. The property being assessed is Operating Lease Number 501040-10248. 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Jerry Brennan and Mary E. Brennan, husband and wife TRUSTEE: First American Title BENEFICIARY: Boeing Employees' Credit Union AMOUNT: $48,500.00 DATED: September 7, 2000 RECORDED: September 13, 2000 RECORDING NUMBER: 20000913000276 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 11. Right, title and interest of Mary E. Brennan presumed from the execution of instrument recorded under Recording Number 20000913000276. 12. QUESTION OF IDENTITY OF THE SPOUSE OF Jerry Brennan, ON June 25, 1999, DATE OF ACQUIRING TITLE. If he was then unmarried or married to the spouse joining in the execution of the forthcoming instrument, recital therein will be sufficient. Otherwise, the status of the community interest on said date must be determined. NOTE: The name of the spouse of the above party, if married, does not appear of record at the time of acquiring title. The Company has been unable to search for and does not insure against matters relating to the spouse which encumber title to said property. (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 6 13. Unrecorded Operating Lease Number 501040-10248 (formerly Number 234369 and formerly Number 84678) as disclosed by King County tax rolls. 14. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 15. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Our examination discloses that the vestee herein does not own any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: Gerald F. Brennan 2405 Lake Washington Boulevard North Renton, WA 98056 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Number 19990620001964. END OF SCHEDULE B Title to this property was examined by: David Clasen Any inquires should be directed to one of the title officers set forth in Schedule A. rag/19990620001964 i ® �\ s - - ■ � k/ ■, �� « / v ® ƒ v' $ .az � J 4� , ƒ , 2 ƒ � / w � & 2 $ ` * $ a �} ,, `-01 A £ , x - � 9� o \ o # $ �� PACIFIC N4R-:ST rr'= Order No. 0 Com@anyo Washington Inc MPOkTANT: This is not a Plat of Survey. It is his e as a convenience to locate the land indicated hereon with reference mstreets and other land. No liability is assumed by mason o£reliance hereon. COMMITMENT FOR TITLE INSURANCI, ISSUED BY PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the Rolicy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. PACIFIC NORTHWEST TITLE 0 -,olLE INSp9 010 4y% ••.......• �;to �S.•'•• taVkPORATF .; o ce : ►•� : 3 SEAL: J 1926 Insurance Company, Inc. ri), A�:� -- President / Countersign by: Authorized Signatory PACIFIC NORTHWEST TITLE CO. Company SEATTLE, WA. City, State American Land Title Association Commitment - 1966 (Rev. 3/78) CONDITIONS AND STIPULATIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to the Company at 215 Columbia Street, Seattle, Washington 98104-1511. American Land Title Association Commitment - 1966 (Rev. 3/78) PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Title Technician, Marie Stanek (mariestanek@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 City of Renton/Planning/Bldg/Public Works 1055 South Grady Way Title Order No.: 506566 Renton, WA 98055 Attention: Karen Your Ref.: P0180000198 A. L. T. A. COMMITMENT SCHEDULE A Effective Date: December 20, 2002, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount TO BE AGREED UPON Standard (X) Extended ( ) Premium Tax (8.8%) Proposed Insured: TO FOLLOW NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.ADDITIONAL WORK CHARGES Amount Tax (8.8%) $ 330.00 $ 29.04 2. The Estate or interest in the land described herein and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: JERRY BRENNAN, presumptively subject to the community interest of his spouse, if married on June 25, 1999 date of deed 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, pages 2 and 3, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: All that certain Parcel 2 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, records of King County, Washington, lying in the southeast quarter of Section 31, Township 24 North, Range 5 East, W.M., in King County, Washington, further described for reference as follows: Commencing at the southeast corner of said Section 31; Thence north 0104811611 east, 2,455.27 feet; Thence north 8801114411 west, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; Thence south 2000414811 west, along said centerline of Lake Washington Boulevard 405.39 feet to a brass disk and the point of curve to the right; Thence along said curve to the right, having a radius of 1,602.25 feet, through a central angle of 04°2614411, an arc length of 124.32 feet; Thence north 7201810911 west, 186.95 feet to a point on the southeasterly line of Mountain View Avenue; Thence north 24057159" east along said southeasterly line a distance of 113.97 feet to the TRUE POINT OF BEGINNING; Thence continuing north 24057,591, east, along said southeasterly line of Mountain View Avenue a distance of 95.77 feet; Thence south 7201810911 east, 103.98 feet to a point 25.0 feet northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; Thence south 2000512111 west, parallel with said Main Tract centerline a distance of 89.04 feet to a point of curve; (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: Thence southwesterly concentric with and 25.0 feet northwesterly, as measured radially from said Main Tract centerline and along a curve concave northwesterly having a radius of 1,552.21 feet, central angle of 0001312311, and an arc distance of 6.04 feet; Thence north 72018109/1 west, 112.12 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. SE 1/4, 31-24-05 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 506566 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. B. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: NOTE FOR INFORMATION PURPOSES ONLY: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. 1ariir75ieri� MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: RESERVED BY: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation To operate, maintain, reconstruct and modify any and all fiber optic lines, communication lines and facilities related to such fiber optic lines or communication lines The description contained therein is not sufficient to determine its exact location within the property herein described. July 28, 1998 9807281540 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: The Burlington Northern and Santa Fe Railway Company and Jerry Brennan, Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan and Mary T. Brennan RECORDED: RECORDING NUMBER: June 28, 1999 19990628001966 REGARDING: Easement over adjoining property 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001967 REGARDING: Easement over adjoining property (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Marilee E. Karnofski, Cynthia B. McMahon, James P. Brennan, Mary T. Brennan and Jerry Brennan RECORDED: June 28, 1999 RECORDING NUMBER: 19990628001968 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: The Burlington Northern and Santa Fe Railway Company, a Delaware corporation, (formerly Burlington Northern Railroad Company) RECORDED: RECORDING NUMBER: July 28, 1998 9807281540 INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Excepting and reserving unto Grantor, its successors, assignees, lessees and/or licensees all coal, oil, gas, casing head gas and all ores and minerals of every kind and nature, and all water, underlying the surface of the Premises, except with no right of entry onto the surface, or above a depth 500 feet below the surface, of the Premises. NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 6. Matters disclosed on a survey recorded under Recording Number 9901299008, a copy of which is hereto attached. 7. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 8. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES: YEAR: 2002 TAX ACCOUNT NUMBER: 312405-9061-07 LEVY CODE: 2100 CURRENT ASSESSED VALUE: Land: $261,000.00 Improvements: $23,000.00 (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 5 AMOUNT BILLED AMOUNT PAID GENERAL TAXES: $3,249.57 $0.00 SPECIAL DISTRICT: $1.50 $0.00 $5.00 $0.00 TOTAL BILLED: $3,256.07 PAID: $0.00 TOTAL DUE*: $3,256.07 PLUS INTEREST *CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS. 9. Liability to assessments for General and Special Taxes and Charges. The legal description that was on the assessor's records did not agree with the legal description on Quit Claim deed recorded as Recording Number 19990628001964. The property being assessed is Operating Lease Number 501040-10248. 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Jerry Brennan and Mary E. Brennan, husband and wife TRUSTEE: First American Title BENEFICIARY: Boeing Employees' Credit Union AMOUNT: $48,500.00 DATED: September 7, 2000 RECORDED: September 13, 2000 RECORDING NUMBER: 20000913000276 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 11. Right, title and interest of Mary E. Brennan presumed from the execution of instrument recorded under Recording Number 20000913000276. 12. QUESTION OF IDENTITY OF THE SPOUSE OF Jerry Brennan, ON June 25, 1999, DATE OF ACQUIRING TITLE. If he was then unmarried or married to the spouse joining in the execution of the forthcoming instrument, recital therein will be sufficient. Otherwise, the status of the community interest on said date must be determined. NOTE: The name of the spouse of the above party, if married, does not appear of record at the time of acquiring title. The Company has been unable to search for and does not insure against matters relating to the spouse which encumber title to said property. (continued) Order No. 506566 A.L.T.A. COMMITMENT SCHEDULE B Page 6 13. Unrecorded Operating Lease Number 501040-10248 (formerly Number 234369 and formerly Number 84678) as disclosed by King County tax rolls. 14. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 15. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Our examination discloses that the vestee herein does not own any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: Gerald F. Brennan 2405 Lake Washington Boulevard North Renton, WA 98056 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Number 19990620001964. END OF SCHEDULE B Title to this property was examined by: David Clasen Any inquires should be directed to one of the title officers set forth in Schedule A. rag/19990620001964 ?Or PACIFIC NORTHWEST TITLE Company of Washington, Inc. Order No. S a(b 16 6 IMPORTANT: This is not a Plat of Survey. It is fumished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. mit E1694M 'IL am 14�, 'I LOP $1441. JERRY BRENNAN 3405 LAKE WASHINGTON BLVD, N. RENTON, WASH[NGTON 98056 pa" "I Oil THIS INDENTURE WITNESSETH: That ANT, LLC, a Delaware limited liability company, 201 Mission Street, Pacific Gateway Building, San Francisco, California 94105, ("Grantor"), for and in consideration of Ten and No/100 Dollars (S10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to JERRY BRENNAN, whos- address is 3405 Lk. Wash. Blvd. N., Renton, Washington 98056, ("Grantee's, all of Grantor's right, title and interest, if any, in real estate and improvements located in the County of King, State of Washington, together with all after acquired title of Grantor therein, as such real property ("Premises"), is more particularly described as follows: Part of Government Lot 3 of Section 31, Township 24 North, Range 5 East, W. M., King County, Washington, complete legal description described on pages 4 and 5, as Exhibit "A", consisting of (2) pages, attached hereto and made a part hereof. SUBJECT, however, to all valid existing interests, including but not limited to, reservations, rights of way and other encumbrances of record or otherwise. TO HAVE AND TO HOLD the same unto Grantee, his heirs and assigns, forever. Assessor's Property Tax Parcel Account Number. 312405.9061-07 I==4ffiIIIII ,� OCO 1f.M Ah M� • ku ku IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its authorized representative, as of the _'day of 7kw46 1999. ANT,LLC a Delaware limited liability company By: Chris A. Sorensen Vice President ATTEST: By: L9 \ EI R. E. Wilhelm Assistant Secretary STATE OF TEXAS § § 55. COUNTY OF DALLAS § .4h On this �s _ day of 7:Z-�.NE 1999, before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared Chris Sorensen and R. E. Wilhelm, to me known to be the Vice President and Assistant Secretary, respectively, of ANT, LLC, a Delaware limited liability company. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. CATtttt T. (Tathy,'I'Y-lutchinson MJtOaNBOt+ WcoaaamattDPW .. Notary Public in and for the State of Texas f AuWA to. ZVO Residing at: Fort Worth, Texas My appointment expires: Parcel W277.0. Renton, WA M OF M4 964 AGE ee r� a a 6M 66,Z611999 15:69 WENNAM GO 11 6P KnC coUWy. 1p l ACCEPTED: By: Name- JE BRENNAN STATE OF WASHINGTON § § 9]. COUNTY OF KING § On this /P" day of 1999, before me personally appeared ;e" ,., to me known to a the perso.i that he executed the foregoing instrument, and acknowledged the said instrument to be his free and accepted act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. �c t wA �E,r Not Public in and forte State of Washington Residing at: (-',�.,..C.�,.� A,,,,: Luc _ :_ j My appointment expires: /4-36-.7,w/ Parcel402720. Rent&,t, WA 3 1999WSN 1964 encc eos W ow "129'1"9 IS: i9 KING COLIM. WA MEN" OCD it 98 at EXHIBIT "A" Parcel 2720 (NP) i All that certain parcel 2 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Commencing at the Southeast comer of said Section 31, thence North 01°48'16" East, 2455.27 feet; thence North 88°1 V44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feat to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44", an arc length of 124.32 feet; thence North 72°18'09" West, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue; thence North 24°57'59" East along said Southeasterly line a distance of 113.97 feet to the True Point of Beginning; thence continuing North 24°57'59" East, along said Southeasterly line of Mountain View Avenue a distance of 95.77 feet; thence South 72°18'09" East, 103.98 feet to a point 25.0 feet Northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Lire Main Track centerline, as now located and constructed; thence South 20'05'21" West, parallel with said Main Track centerline a distance of 89.04 feet to a point of curve; thence Southwesterly concentric with and 25.0 feet Northwesterly, as measured radially from said Main Track centerline and along a curve concave Northwesterly having a radius of 1552.21 feet, central angle of 00*13'23", and an arc distance of 6.04 feet; thence North 72°18'09" West, 112.12 feet to the True Point of Beginning. Parcel 901710. Renton. W1 19990628@01964 ram eoa Of ew eaiMG ai 1999 17: 89 orsj 1 gn 11 soKICOUNTY, we i� tr 0 0 M rn 0 0 ca 0 CV Return Address. Boeing Employees Credit Union P.O. Box 97050 Seattle, Washington 98124-9750 Jill Z T0009DT 3 007 � tt3NG3COlJ<t �UA [Space Above This Line For Recording Datal DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is trade on September 07, 2000 The grantor is JERRY BRENNAN AND MARY E BRENNAN, HUSBAND AND WIFE ("Borrower") The trustee Is FIRST AMERICAN TITLE ("Trustee") The beneficiary is Boeing Employees' Credit Union, which is organized and existing under the laws of the State of Washington and whose address is P.O. Box 97050, Seattle, Washington 98124-9750 ("Lender") Borrower owes Lender the principal sum of $ 4e,5m 00 US Dollars This debt is evidenced by Borrower's Agreement dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 15, 2015 (unless the parties to the Note agree to extend this date). This Security Instrurient secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of tius Security Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose. Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in KING County, Washington Abbreviated Legal Description PARCEL 2, SECT 31, TWNSHP 24 N, R5E, WILLAMETTE MERIDIAN. KING COUNTY Assessor's Property Tax Parcel Number or Account Number(s): 312405.9081-07 See Attached Legal COUZ►88Y RECORDING ONLY . tIO UABAM FOR VAUDffY AND/OR ACCURACY ASSUMED BY F1W A,Qi,WCAM THE pNSURANCE OOM"Y Loan reference number 954396 (Subject to any easements, covenants, conditions, restrictions and provisions of record, if any.) which has the address of 3405 LK WASHINGTON BLVD N RENTON (SUM] Ian] Washington 98M ("Property Address"); (Zip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property" B(RRO ER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with lunited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and lender covenant and agree as follows 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraph I shall be applied first, to any prepayment charges due under the Note, second, to any late charges due under the Note; third, to interest due, and last, to principal due 3. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations on tune directly to the person owed payment Borrower shall promptly famish to Lender ail notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shalt promptly discharge any lien which has priority over this Security Instrument unless Borrower- (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice (Nge I of pages) 4. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance This insurance shall be maintained in the amounts and for the periods that Lender requires The insurance tamer providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unseasonably withheld If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect I.end er'a rights in the Property in accords= with paragraph 6 All insurance poh ics and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices In the event of loss. Borrower shall give prompt notice to the insurance tamer and Leader Lender may make proof of loss if not made promptly by Borrower Unless Leader and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repass is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or ant then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a nonce from Lender that the insurance carrier has offered to settle a claim, then Leader may collect the insurance proceeds Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due The 30day period will begin when the notice is given Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments If under paragraph 20 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shad continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the hen created by this Security Insmrment or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 17, by canting the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material nformauon) in connection with the loan evidenced by the Note, including, but not [united to, representations concerning Borrower's occupancy of the Property as a principal residence If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 6. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Leader may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property lender's actions may include paying any sums secured by a hen which has pnonty over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs Although Lender may take action under this paragraph 6, Lender does not have to do so Any amounts disbursed by Lender tinder this paragraph 6 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower; Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment 7. Mortgage insurance. If Larder required mortgage insurance as a condition of making the loan secured by .this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage requited by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by lender If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage issuance premium be paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept, use and retain these payments as a loss reserve in heu of mortgage insurance Loss reserve payments may no longer be required, at the option of lender, if mortgage insurance coverage (in the amount and for the penod that Lander requires) provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. S. Inspection. Lender or its agent may make reasonable entries upon and inspecuons of the Property Lender shad give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the far market value of the Property immediately before the taking Any balance shall be paid to Borrower In the event of a partial taking of the Property in whuch the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums wired by this Security Instrument whether or not the Sums are then due (paK 2 d 4 p+ra) If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice Is given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph l or change the amount of such payments 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amotazation of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy 11. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 Borrower's covenants and agreements shall be joint and several Any Borrower who co-signs this Security Instrument but does not execute the Note (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument. (b) is not personally obligated to pay the sums secured by this Security instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or matte any accommodations with rejud to the terms of this Security Instrument or the Note without that Borrower's consent 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally mi so that the interest or other loan chaz4es collected or to be collected in connection with the loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by ring the pit qnl owed under the Note or by making a direct payment to Borrower If a refund reduces prnciippal, the roduciton will be treated as a partial prepayment without any prepayment charge under the Note 13. Notices. An notice to Borrower provided for in this Security Instrument r shall be given by delivering it or by mailing it by first class mail unless applicable law requtres use of another method The nonce shall be directed to the Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shall be given by lust class mail to Lender's address stated herein or any other addremc Lender designates by notice to Borrower Any nonce provided for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in the paragraph 14. Governing Law; Severatiity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To this end the provisions of this Security Instrument and the Note are declared to be severable 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this te] Security Instniment N16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or e any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is o not a natural person) without Lender's prior written consent, Lzrider may, at its option, require mimediate o payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by s+-i Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration The nonce shall provide a period of not less than 30 days from the date the nonce is delivered or matted within which Borrower must Q' pay all sums secured by this Security Instrument If Borrower fails to pay these sutras prior to the expiration of this o period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand 0 on Borrower 0 17. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained inthis Security Instrument, or (b) entry of a judgment enforcing this Spursuantcurity instrument 'Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, and (d) takes such action as Lender may reasonably require to assure that the hen of this Security Instrument, Lender's rights in the Prop%ryUpoand Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged n minstate.nent by Borrower, this Security Instrument and the obligations secured hereby shall retrain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration udder paragraph 16. 18. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times whlhout prior notice to Borrower A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note if there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 13 above and applicable law The notice will state the name and address of the new Loan Servicer and the address to which payments should be made The nonce will also contain any other information required by applicable law 19. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property Borrower shall promptly give Lender written nonce of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedstion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law As used in this paragrapph 19, 'Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Iaw and the following substances - gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials As used in this paragraph 19, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection (pqe 3 of 4 pg") NON -UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 20. Acceleration; Remedies. lender shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agreement in this Instrument (but not prior to acceleration under paragraph 16 unless applicable law provides otherwise). he notice shall specify: (a) the default; (b) the action required to care the default; (c) a date, not less than 30 days from the date the notice ls given to Borrower, by which the default must be cured; and (d) that faUme to cure the default on or before the date specified in the notice may result in acceleration of the scam secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to brim a court action to assert the non-adsUnce of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be Included in the notice by applicable law. If the default Is not cured on or before the date spccJfled In the notice, Linda mm at its option may require Immediate payment in full of all sms secured by this St curty Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 20, induding, but not limited to, reasonable attorneys' fees and costs of title evidence. U Lender invokes the power of sale, Lender shag give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the time required by applicable law and after publication of the notice of sale, Trustee, without demand an Borrower, shall sell the Property at public auction to the highest bidder at the time and plea and under the tams designated In the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by applicable law by public announcement at the time and place fixed In the notice of sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conye�lu� the y without any covenant or warranty, expressed or implied. The recitals in the Trustee's dad -shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order. (a) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums sacred by this Security Iustnmment; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county In which the sale took place. 21. Reconveyance. U payment of all sums secured by this Security Instrument, I ends shall request Trustee to reconvey the Dav Property and shall surrender this Security instrument and all notes evidencing debt secured by this Security Instrument to Trustee Trustee shall reconvey the Property without warranty and without chargge to the person or persons legally entitled to it Such person or persons sball pay any recordation costs 22. Substitute Trursia. In accordance with applicable law, Lender may from time to ume appo nt a successor testa mx to any Trustee appointed hereunder who has ceased to act Without convgaof the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law 23. Use of Property. The Property is not used principally for agricultural or farming purposes BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants coma, in the Security Instrument and in any nder(s) executed by Borrower and recorded with it 4V�lr -Borrower 77 AN_ -Borrower f Collateral (other than Borrower) MARY E BRENNAN -Borrower Owner of Collateral (other than Borrower) STATE OF WASHINGTON, County ss E:It`I) On this 7'4- day of �OTtWIUL , 0700D before me the undersigned, a Notary Public in and for State of Washington, duly comm, toned and sworn. personally Mg,%( ONc4 04a4•1 L i1EiJ�A to me known to be the individual(s) described in and who executed the Foregoing instrument, and acknowledged to me that signed and sealed the said instrument as-flVAYfree and voluntary act and deed, for the uses and purposes therein mentioned /� % WITNESS my hand and official seal affixed the daynPublic written My Commnssion'et .res t}=o4b'- T A I ; i C; J Notary I c inandforte state �otW-3ington resu at NOTARY F ULIC i `2�a °• �''�` VY COMMISSION EXPIRES 4-05-C, REQU%ST FOR RECONVEYANCE To Trustee The undersigned is the holder of the Agreement secured by this Eked of Trust Said Agreement, together with all other Indebtedness secured by this Deed of Trust, have been paid in full You are hereby directed to cancel said Agreement and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Dad of Trust to the person or persons legally enutled thereto Date OTBS 093A BECU WA (IM) (pq, 4 of 4 p.M) Attached Legal LOAN REFERENCE NUMBER 954396 ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUAREY 29, 1999 IN BOOK I27 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY WASHINGTON, FURTHER DESCRIBED FOR REFERENCE AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31, THENCE NORTH 01°48' 16" EAST, 2455 27 FEET, THENCE NORTH 88-I 1,44" WEST, 41 34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD, THENCE SOUTH 20004'48WEST, ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405 39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT, THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602 25 FEET, THROUGHT A CENTRAL ANGLE OF 04026'44", AN ARC LENGTH OF 124 32 FEET, THENCE NORTH 72018'09" WEST, 186 95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE, THENCE NORTH 24°57'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 113 97 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE A DISTANCE OF 95 77 FEET, THENCE SOUTH 72°18'09" EAST, 103>98 FEET TO A POINT 25 0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED, THENCE SOUTH 20°05'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE A DISTANCE OF 89 04 FEET TO A POINT OF CURVE, THENCE SOUTHWESTERLY CONCENTRIC WITH AND 25 0 FEET NORTHWESTERLY, AS MEASURED RADIALLY FROM SAD) MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552 21 FEET, CENTRAL ANGLE OF 00°13'23", AND AN ARC DISTANCE OF 6 04 FEET, THENCE NORTH 72°18'09" WEST, 1 I2 12 FEET TO THE TRUE POINT OF BEGINNING ca SUBJECT TO EASEMENTS, RESTRICTIONS, OR RESERVATIONS OF RECORD, IF ANY CI-4 C7 O O Cry O O O C 4 a t z. ANT, LLC 4545 Fuller Drive, Suite 100 Irving, Texas 75038 Attention: Title & Escrow Department IST AM QUITCLAIM DEED /%7//(ogr/-S THIS INDENTURE WITNESSETH: That THE BURLINGTON NOR'I HERN 94 AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (formerly Burlington Northern Railroad Company), of 2650 Lou Menk Drive, Fort Worth, Texas 76131-2830, � P Y). O ("Grantor"), for and in consideration of Ten and No/100 Dollars (s10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to ANT, LLC, a Delaware limited liability company, and its successors and assignees, whose address is 201 Mission Street, Pacific Gateway Building, San Francisco, California 94105, ("Grantee"), all of Grantor's right, title and interest, if any, in real estate and improvements located in the County of King, State of Washington, together with all after acquired title of Grantor therein, as such real property ("Premises"), is more particularly described as follows: Part of Government Lot 3 of Section 31, township 24 North, Range 5 East, W. M., King County, Washington, being more particularly described in Exhibit "A", consisting of page, attached hereto and made a part hereof. TOGETHER with all tenements, hereditaments and appurtenances, if any, on the Premises, and any reversions, remainders, rents, issues or profits on the Premises. SUBJECT, however, to all valid existing interests of third parties in the Premises, including but not limited to, reservations, rights of wayy and other encumbrances of record. MC LA.XUN YUR Y.1 AL— t ,1:0): OQ ACCURACY A3at;660 YY FYAW AME14CAN MA MU""c' u"FANY Assessor's Property Tax Parcel Account Number(s): No tax serial numbers - Railroad right of way. Ei&27962 07/28/90 213.83 9979.00 ow EXCEPTING AND RESERVING unto Grantor, its successors, assignees, lessees and/or licensees (hereinafter "Grantor') all coal, oil, gas, casing head gas and all ores and minerals of every kind and nature, and all water, underlying the surface of the Premises, except with no right of entry onto the surface, or above a depth 500 feet below the surface, of the Premises. ALSO RESERVING unto Grantor a nonexclusive permanent easement to operate, maintain, reconstruct and modify any and all fiber optic lines, communication Gres used by Grantor, and facilities related to such fiber optic lines or communication fines, in the location where such lines or facilities exist on the date of delivery of this Deed, including related rights of ingress and egress, as necessary across the Premises for the sole purpose of operating, maintaining and, as necessary, reconstructing such lines in the same location as they exist on January 30, 1998, provided that all activities of Grantor in the exercise of rights under this Paragraph of this Deed shall occur in a manner that minimizes any interference with any activities or improvements then present on the Premises. TO HAVE AND TO HOLD the same unto Grantee, and its successors and assignees, forever. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its authorized representative, and its corporate seal to be affixed hereto s of the 20 day of February, 1998. THE BURLINGTON NORTHERN AND O SANTA FE RAILWAY COMPANY 0 v4 GO By: P. Schneider O General Director Real Estate 0? SRN AND Sq4,, " ATTEST: 9 OPQ0R4 l �F SEAL By.ma(gara Actin ^>�F�AWP?� O`�� Assistant ecretary BNSF01000-133Kennrdole,WA 2 9::: STATE OF TEXAS § § ss• COUNTY OF TARRANT § On this day of U&d I IM, before me, the undersigned, a Notary Public in and fof the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General Director Real Estate and Assistant Secretary, respectively, of THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instnument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Wf ,unary 17,20 otary Public in and ror the State of Texas Residing at: Fort Worth, Texas My appointment expires: 1 -1%07Qce FORM A"ROVBD BY LAW BNSF 01000-133 Kennydale, WA 3 EXHIBIT "A" Parcel 01742 (NP) That portion of Government Lot 3 of Section 31, Township 24 North, Range 5 East, W. M., King County, Washington, lying between the Southeasterly fine of Mountain Yew Avenue, and a line drawn parallel with and distant 25.0 fed Northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed upon, over and across said Government Lot 3, bounded by two lines drawn at right angles to said Main Track centerline distant, respectively, 433.0 feet and 523.0 feet Southwesterly of the Westerly extension of the East-West centerline of Section 32, Township 24 North, Range 5 East, as measured along said Main Track centerline. BNSF 0 1000. 133 Kenny"r. WA 4 a In WHEN RECORDED MAIL TO: JERRY BRENNAN 3405 LAKE WASHTNGTON BLVD N. RENTON, WASHTNGTON 98056 • EASEMENT KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, (formerly Burlington Northern Railroad Company) a Delaware corporation, whose address for purposes of this instrument is 2650 Lou Menk Drive, Fort Worth, Texas 76131, Grantor, for Ten Dollars and No/100 ($10.00) to it paid by JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN, hereinafter called Grantee, and the promises of the Grantees hereinafter specified, does hereby remise, release and quitclaim unto the Grantees, subject to the terms and conditions hereinafter set forth, a 30.0 foot wide non- exclusive EASEMENT to construct, maintain, and replace an access roadway hereinafter called roadway, over, upon and across the following described premises, situated in King County, State of Washington, to -wit: Part of Section 31, Township 24 North, Range 5 East, W. M., King County, Washington, complete legal description described on page 8, as Exhibit "A", consisting of (1) page, attached hereto and made a part hereof. Assessor's Property Tax Parcel Account Numbers: No tax serial numbers- Railroad right of way. EXCIS T 10T EQUIRED 8y Deputy N,is aawr ttt►e ss.» • RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, place, operate, maintain, alter, repair, replace, renew, improve and remove communication lines above, below and on the surface of the premises, including, without limitation, transmission by conduit, fiber optics, cable, wire or other means cf electricity, voice data, video, digitized information, or other materials or information, pipelines, utility lines, track and facilities including the right of ingress and egress in any such manner as does not unreasonably interfere with Grantee's use of the premises for said roadway, and fiutiter reserving unto Grantor, its successors and assigns, all right and privilege of ingress and egress to said premises as Grantor, its successors and assigns may require to investigate and remediate environmental contamination and hazards, and further reserving the right and privilege to use said land for any and all purposes not inconsistent with the use thereof for said roadway purposes. The foregoing easement is made subject to and upon the following express conditions: To existing interests in the above -described premises to whomsoever belonging and of whatsoever nature and any and all extensions and renewals thereof, including but not limited to underground pipe line or lines, or any type of wire line or lines, if any. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of said roadway shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts cr ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. 3. Grantee shall construct and maintain, at its own expense, a roadway (to end of railroad ties) and related roadway drainage in a manner acceptable to Grantor and safe for use by any vehicles or equipment. 4. The Grantee shall bear the cost of removal, relocation or reconsttwtion of any and all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may be made necessary by reason of the use of said premises for said roadway purposes. 5. The Grantee shall, at its own cost and expense, make adjustment with industries or other lessees of Grantor for buildings or improvements that tray have to be relocated, reconstructed or destroyed by reason of the construction and maintenance of said roadway on said premises. BNSF# 1/000-83 Renton, WA 2 Paz OU or 612 66 rwct eu a elf W2911999 1s:09 KING COUNTY, NN 111MwN G19 19 00 >i 0 G. If during the construction or subsequent maintenance of said roadway, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Grantee shall indemnify, protect and defend the Grantor from any and all liability, claims or demands, if any, which arise as a result of exposure and/or removal of said contaminated soils or materials. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. 8. The Grantee or its contractor(s) shall telephone Grantor's Communication Network Control Center at (800) 533-2891 (a 24 hour number) to determine if fiber optic cable is buried anywhere on the premises; and if so, the Grantee or its contractor(s) will contact the Telecommunications Company(ies) involved, and make arrangements with the Telecommunications Company(ies) for protection of the fiber optic cable prior to beginning any % ork on the premises. All contracts between the Grantee and its contractor, for the construction provided for, or maintenance work on the highway within the Grantor's right-of-way, will require the contractor to protect and hold harmless the Grantor and any other Railroad company occupying or using the Grantor's right-of-way or line of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents, and will further provide that the contractor shall carry insurance of the kinds and amounts hereinafter specified: Commercial General Liability Insurance, to include contractual liability and products completed operations, against claims arising out of bodily injury, illness and death and from damage to or destruction of property of ethers, including loss of use thereof, and including liability of the Grantor, with minimum limits for bodily injury and property damage or $1,000,000 for each occurrence with an aggregate of S2,000,000. This policy shall contain a "Waiver of Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against the Grantor because of payments made for bodily injuries or property damage. BNSF a OI000-83 Renton. WA WE [A! 19 !! 1999%2M19" GAGE M Or e12 0v2ai 19" IS: 09 KING COUPOY. 60 9 M Business Automobile Policy Insurance, including owned, non -owned, and hired vehicles with minimum limits for bodily injury and property damage of $1,000,000 per occurrence on all vehicles used while performing any work pursuant to this agreement. Worker's Compensation Insurance or coverage as required under the Worker's Compensation Act of Montana. The policy should include occupational disease to required statutory limits, employers liability of $1,000,000 to include FELA, if appropriate, and an "All States" endorsement. A certificate of insurance must be provided to the Grantor prior to commencement of work, the Grantor shall not be named insured under the above policies. Additionally, the contractor shall furnish to the Grantor: Railroad Protective Liability Insurance policy with limits of S2,000,000 per occurrence and $6,000,000 aggregate for bodily injury and property damage. This policy shall remain in force during the construction phase of the agreement and Grantor is the named insured. The original policy must be provided and approved by Grantor prior to commencement of work. It the Grantee, its contractor, subcontractors, or agents in the performance of the work herein provided for or by the failure to do or perform anything for which is is responsible under die provision hereof, shall damage or destroy any property of the Grantor, such damage or destruction shall be corrected by the Grantee in the event its contractor or the insurance carriers fail to repair or restore the same. 10. Grantee, in its acceptance hereof, hereby agrees to indemnify and save harmless said Grantor, from and against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the person or loss or damage to the property of any person or persons whomever, including the parties hereto, in any manner arising from or growing out of the acts of omissions, negligent or otherwise of Grzntee, its successors, assigns, licensees and invitees or any person whomsoever, in connection with the entry upon, occupation or use of the said premises herein described, including but not limited to that of the location, construction, operation, restoration, repair, renewal, or maintenance of said roadway upon the herein described premises or otherwise. f BNSF b 01000-83 Renfon, WA 4 19990628901966 PIIrI BY+ OF nz 6i.28i1999 15-99 KING CWnN, In M[MYMI rM 19 M s • IL . If said described premises, or any part thereof, shall at any time cease to be used by said Grantee, for the purpose, as aforesaid, or should they be converted to any other use whatsoever, or should the Grantee fail to perform any of the conditions herein expressed, then and in any such event, all the right, title, interest, benefits and enjoyment of said Grantee, in and to said premises, for any purposes whatsoever, shall immediately cease and the said Grantor, its successors and assigns, may, at its or their option, re-enter, retake and hold said described lands and premises as of the present estate of said Grantor without compensation to said Grantee, or any other person whomsoever, for improvements or property removed, taken or destroyed, or liability for loss of, or damage to any premises or the improvements thereon abutting on said easement area or any part thereof. 12. The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor. 13. This easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, assigns and successors of Grantor and Grantee. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging to Grantee for enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the terms and conditions hercinbefore stated. 9NSF tl 01000-83 Renton. WA 193 M 81966 r�cosOF a012 06/m1999 is " KING COLWY, Ip r p9rM1 rA4 19.09 1n 11 0 IN WITNESS WHEREOF, the aid THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY has caused this instrument to be signed by its authorized officer, and the corporate sea] affixed on this ag4n day of ---J-, jj , 1999. r "C' 01iP0Fq, -P SEAL D STATE OF TEXAS COUNTY OF TARRANT § § Sit. § THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY D. . Sch eider General Director Real Estate Assistant Secret I" On this _ 1w day of —j—,.NF. , 1999, before me, the undersigned, a Notary Public it and for the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Sme" L. S,:.IS4 & l ; FF to me known to be the General Director Real Estate and Assislan'tSecretary, respectively, of THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal h affixed We day and year first above written. Notary ublic in and for the State of Texas Residing at: Fort Worth.'rexas My appointment expires' RNSF k Ol000-83 Renton. WA part W6 OF 912 a"ncMcou r1>A DRE1 CAS 19 00 IL -A 0 ACCEPTED: By: /JEE Y BRENNAN v STATE OF WASHINGTON § § 33. COUNTY OF _ § On this day of c� 1999, before me personally appeared Jerry Brennan, to me known to be the persons that they accepted the foregoing instrument, and acknowledged the said instrument to be their free and voluntary ac' and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. rc Notd6 Public in and fort a Stale of Washington Residing at: Q..L«�.� ,v..•!,. My appointment expires: BNSF d 01000-83 Renton, WA 7 WM~ CM 19 ii 19990628001966 PAM V7 Or 012 w2Y1999 15 " KIRG COURY, So • ACCEPTED: By: 'E' MARILEE E. KARNO STATE OF WASHINGTON § § ss. COUNTY OF41,0C § On this IV� day of 1999, before me personally appeared Manlee E. Kamofski, to me known to he the persons that they accepted the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in d for the State of Washington Residing at: it nL My appointment expires: /d ,d7 U-R 8NSF k 01000-83 Renton. WA g 199 01966 MIX M ee9 Or or 012 W29-11999 Is:" VT~ In 1940 KING CpMv, un s .W ACCEPTED: By: 1YTH1Alt.MCMARON STATE OF WASHINGTON § § 59. COUNTY OF_ § On this /-?0 day of , 1999, before me personally appeared Cynthia B..McMahon, to me known to be the persons that they accepted the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and decd for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington Residing at: -4-11r L My appointment expires: /O .t9-d,2 BNSF # 01000-81 Renton, WA 9 66 NX Oft gir 912 as zN19" 13: 69 at[/~ rAb 19 N KING CaIIrtY, WA Alk AS WR ACCEPTED: By: :w�f�i>t`sr►a�— JAMIES P. BRENNAN STATE OF WASHINGTON § § ss. COUNTY OF AC/ g § On this /-/� day of j5Vjz , 1999, before me personally appeared James P. Brennan, to me known to be the persons that they accepted the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in a�nd for the State of Washington / Residing at: _.1 glzc My appointment expires: BN'SF a 01000-83 Renton. AA 10 AoE ws or 012 66 wia au or •12 W2911999 15- 99 KING WAVY. W1 1RLM C0.9 19 9B W M ACCEPTED: By: MARY X.B NNAN STATE OF WASHINGTON § § sa. COUNTY OF 'elAz § On this I?t? day of n)L- _, 1999, before me personally appeared Mary T. Brennan, to me known to be the persons that they accepted the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. -2, Notary Public in�'d for the State of Washington Residing at: J lift T!-.— My appointment expires: BASF # 01000-8? Renton. WA I I ® PAW 911 OF 012 t56 vwri ill a arz aa.z9�1999 is M KIN. COU"". 1N BRENNAN CM 19 00 r7 asc A 30 foot wide strip of land in the City of Renton, County of King, State of Washington, lying 15 feet from and on each side of the following described centerline; Commencing at the Southeast comer of Section 31, Township 24 North, Range 5 East, W.M.; Thence North 01'48'16" East, along the East line of said Section 31, a distance of 2455.27 feet; Thence North 88'l 1'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Blvd.; Thence South 20104'48" West, along said road centerline, 405.39 feet to a brass disk and the point of curve to the right; Thence along said curve to the right having a radius of 1602.25 feet, through a central angle of 04'26'44", an arc length of 124.32 feet; Thence North 72'18'09" West, 69.72 feet to a point on a curve to the left, the radius point of which bears North 65029'58" West, 15652.21 feet; Thence Northerly along said curve to the left, through a central angle of 01'50'42", an arc length of 49.98 feet, to the Point of Beginning of said easement centerline; Thence South 45'06'39" East 42.47t feet to the westerly margin of Lake Washington Blvd. and the to-nipus of said access easement. BNSF # 01000-83 Renton, w 4 12 29990666 NaNaoi: War Ot2 etz es'2V19" u." 1RCMrY1 Eft 19 90 KING COLWY, {p s nm WHEN RK'CRnED RVrm1N M JERRY BRENNAN 3405 LAKE WASH. BLVD. N. RENTON, WA 98056 EASEMENT AGREEMENT Grantor. MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN Grentees: JERRY BRENNAN Legal Description: All that certain parcel 3 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Assessor's Tax Parcel ID # 312405-9062-06 THIS EASEMENT AGREEMENT is made and entered into as of -�1 1999, by and between MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNNAN, whose address is is 1520-10" PI. N. Edmonds WA 98020 ("Grantor") and JERRY BRENNAN whose address is 3405 Lake Washington. Blvd., Renton, Washington ("Grantee"). RECITAL Grantors are the current owners of that certain real property k►catod in the County of King, State of Washington and more particularly described in Exhibit A attached hereto (the "Property"). Grantee desires to construct and maintain an access roadway (collectively, the "roadway') on a portion of the Property and Grantor has agreed to grant to Grantee an easement for such purposes on the terms and conditions contained in this Easement Agreement. AGREEMENT NOW THEREFORE, in consideration of the premises and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: I. Subject to the terms and conditions of this Easement Alpeement, Grantor hereby grants and conveys unto Grantee, an easement (the "Easement") to construct and maintain an access roadway on the portion of the Property described in attached EaWbit g (the "Easement Property"). Grantee shall not use the Easement for any purpose other than as egressly permitted herein. OMNI 1fM!!2A!lltil7 y ■near I am Is. ss d" 0 2. Any and all cuts, fills, excavations or embankments necessary for the construction, maintenance, or future alteration of the Roadway shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining property of Grantor and any other adjacent property owner; and wherever any such fill or embankment may obstruct the natural and pre-existing drainage from any adjacent property, Grantee shall construct and maintain such culverts or drains as may be necessary to preserve such natural and pre-existing drainage, and shall also, wherever necessary, and subject to the prior written approval of Grantor as to the kwation thereof, which approval may be given or withheld in Grantor's sole discretion, construct extensions of existing drains, culverts or ditches through or along the Easement Property, such extensions to be of adequate sectional dimensions to preserve the preserrt flowage of drainage or other waters, and with materials and workmanship of good quality. 3. Grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way fences. telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may bs made necessary by reason of the use of the Easement Property for Roadway purposes. Grantee hereby agrees to indemnify, defend, and save and hold harmless the Grantor Parties from and against, any and all claims, demands, judgments, losses, costs and expenses, for injury to or death of, or loss or damage to the Property of, any person or persons whomsoever, including the parties hereto. in any manner arising out of or resulting from any act or omission, negligent or otherwise, of Grantee, or any of its successors, assigns, licensees or invitees, or any person or persons whomsoever, in connection with the entry upon, occupation or use of the Easement Property or the Property, including but not limited to that of the krcation, construction, operation, restoration, repair, renewal, or maintenance of the Roadway upon the Easement Property or otherwise. 5. Grantor does not warrant its title to the Easement Property nor undertake to defend Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, incmding the tenants and licensees of Grantor. 6. This Easement Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. This Easement Agreement, together with the exhibits attached hereto, all of which are incorporated herein by reference, constitutes the entire agreement of the parties relating to the Easement and shall not be amended or modified except by a writing executed by the parties hereto. 19998628N I967 PAGE M2 Or ee9 96,n1l 99 Is 69 KING COLMY, LO Vt~ M 16 N -2• Irp 1 IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year fast above written. GRANTOR: »y yh" MARILEE E. KAR OFSI STATE OF WASHINGTON ) )M COUNTY OF KING) On this / & day of 1999, befr re me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn. personally appeared Marilee E. Karnofsk4 to me known to be the Mwn that executed the foregoing inarniment. and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public infor the State of Washington Residing at: £/� My appointment expires: /D �9c9d 199986gIs:" 7 _ 3 PAU SW or Beg KINQ C UW ie:e>t K 1110 COtMV. IYi IRE~ [AS 160 m m • L_1 IN WITNFSS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: By %C THIA B. M HON i STATE OF WASHINGTON ) )AL COUNTY OF KING) On this _ r _ day of Ae/ 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cynthia B. McMahon, to me known to be the person that executed the foregoing instni m m, and acknowledged the said instrument to be the Gee and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. ,�, Rotary Public State of Washington Residing at: My appointment expires: �p-a39-O 1 i999962SM1967 4. Pal ant or aes Mrte:19v9 t7�. e9 �InG COUt<�. 1q m 16 so IIA IN WITNESS WHFREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: JAMES P. BRENNAN STATE OF WASHINGTON ) )33. COUNTY OF KING) On this /" day of VI)6 , 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, persunally appeared James P. Brennan, to rite known to be the person that executed the foregoing instrument, ent, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington Residing at: Si.9 ; My appointment expires: /0 192&19"t S." S Part aae or a" ",PIC uwr tees Ktnc cgaKtr, ua aRCttK� M 16 as no am db IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as ofthc day and year fast above written. GRANTOR: By MA Y V BRE NAN STATE OF WASHINGTON ) )2L COUNTY OF KING) On this IGL* day of rU,Ve 1999. t efore me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mary T. Brennan, to me known to be the person that -xecuted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington Residing at: .iFlfi7z t My appointment expires: Id---W- D.Z 19998628NI%7 . 6. Paueii of in av� �Is: rfg1 [.AS 16 as - 5 M MR ACCEPTED: By .IERR BRENNAN STATC OR WASHINGTON ) 1� COUNTY OF KING) On this 4?3.r.c day of — 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jerry Brennan, to me known to be the person that executed the foregoing instrument, and acknowledged the said inwmrnent to be the free and voluntary act and deed, for'he uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written ++++++ur► No Public in and the State of Washington Residing at: 7i�- ..+ .-d v My appointment expires: io - 3o ice•, rot• r'ue u- J. 19998628901 %7 part er or ea+ ante, 1999 1 5: a9 KING COMM �M allQfw+ CAS 160 Ab U Ah 7-1 Ab EXHIBIT "A" Parcel 01810 (NP) All that certain parcel 3 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorders Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Commencing at the Southeast corner of said Section 31; thence North 0!°48'16" East, 2455.27 feet; thence North 88°11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of carve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through it central angle of 04°26'41", an arc length of 124.32 feet; thence North 72°18'09" West, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue and the True Point of Beginning; thence North 24°57'59" East along said Southeasterly line a distance of 113.97 feet; thence South 721 18'09" East, 112.12 feet to a point 25.0 fe_-t Northwesterly, as measured radially from The Burlington Northem and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence Southwesterly along a line concentric with said Main Track centerline and along a curve concave Northwesterly having a radius of 1552.21 feet, central angle of04*11'18", and an arc distance of 113.46 feet; thence North 72°18'09" West, 117.23 feet to the True Point of Beginning. 19990628001967 v04K a" or an GalKCGC MV, Up I*E~ rM 16 as a EXHIBIT "B" Commencing at the Southeast conicr of said Section 31. thence North 01°48'l6" East, 2455.27 fat; thence North 88*11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44", an arc length of 124.32 feet; thence North 72018'09" West, 69.72 feet to a point on a curve, the radius of which bears North 65029'58" West 1552.21 feet, thence Northerly along said curve to the left through a central angle of 1°50'42" an arc length of 40.46 to the True Point of Beginning of said easement, thence Northerly along said curve to theleft through a central angle of 1 °50'42" an arc length of 70.00 feet; thence North 72018'09" West, 15.00 feet to a point 40.0 feet Northwesterly, as measured radially from The Burlington Northem and Santa Fe Railway Company's (formerly Northem Pack Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence Southwesterly along a line concentric with said Main Track centerline and along a curve concave Northwesterly having a radius of 1552.21 feet, central angle of 04011' 18", and an arc disci nee of 70.00 feet; thence South 72018'09" East, 15.00 feet to the True Point of Beginning. 1999or 001967 Pace Mggor era .9. w Ira ra8 16 M a Te WHEN RECORDED RETURN TO: JERRY BRENNAN 3405 LAKE WASH. BIND. N. RENTON, WA 98056 EASEMENT AGREEMENT Grantor. MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN, MARY T. BRENNAN AND JERRY BRENNAN Grantees: JERRY BRENNAN Legal Description: All that certain parcel 3 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington. further described for reference as follows: Assessor's Tax Parcel ID M 312405-9062-06 312405-9061-07 THIS EASEMENT AGREEMENT is made and entered into as of •� h h c, Iq _, 1999, by and between MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN, MARY T. BRENNAN AND JERRY BRENNAN, whose address is 1520-10* PI. N. Edmonds WA 98020 ("Grantor") and JERRY BRENNAN whose address is 3405 Lake Washington, Blvd., Renton, Washir4¢on ("Grantee"). RECITAL Grantors are the current owners of that certain real property located in the County of King, State of Washington and more particularly described in Exhibits A & E attached hereto (the "Property"). Grantee desires to construct and maintain an access roadway (collectively, the "roadway") on a portion of the Property and Grantor has agreed to grant to Grantee an easement for such purposes on the terms and conditions contained in flus Easement Agreement. AGREEMENT NOW THEREFORE, in consideration of the pmmises and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Subject to the terms and conditions of this Easement Agreement, Grantor hereby grants and conveys unto Gratuee, an easement (the "Easement") to construct and maintain an accesY roadway on the portion of the Property EXCISE � TAXNOT REQUIRED �� Itare�t«IIIN III its Bi ononm w 17. « • described in attached Exhibits C & D (the "Easement Property"). Grantee shall rat use the Easement for any purpose other than as expressly permitted herein. 2. Any and all cuts, fills, excavations or embankments necessary for the construction, maintenance, or future alteration of the Roadway shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining property of Grantor and any other adjacent property owner; and wherever any such fill or embankment may obstruct the natural and pre-existing drainage from any adjacent property, Grantee shall constrw and maintain such culverts or drains as may be necessary to preserve such natural and pre-existing drainage, and shall also, wherever necessary, and subject to the prior written approval of Grantor as to the location thereof which approval may be given or withheld in Grantor's sole discretion, construct extensions of existing drains, culverts or ditches through or along the Easement Property, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and with materials and workmanship of good quality. 3. Grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may be made necessary by reason of the use of the Easement Property for Roadway purposes. Grantee hereby agrees to indemnify, defend, and save and hold harmless the Grantor Parties from and against, any and all claims, demands, judgments, losses, costs and expenses, for Injury to or death of, or loss or damage to the property of, any person or persons whomsoever, including the parties hereto, in any rnanner arising out of or resulting from any act or omission, negligent or otherwise, of Grantee, or any of its successors, assigns, licensees or invitees, or any person or persons whomsoever, in connection with the entry upon, occupation or use of the Easement Property or the Property, including but not limited to that of the location, construction, operation, restoration, repair, renewal, or maintenance of the Roadway upon the Easement Property or otherwise. Grantor does not warrant its title to the Easement Property nor undertake to defend Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of Grantor. 6. This Easement Agreement shall bind and inure to the benefit of the panics hereto and their respective successors and assigns. This Easement Agreement, together with the exhibits attached hereto, all of which are incorporated herein by reference, constitutes the entire agreement of the parties relating to the Easement and shall not be amended or modified except by a writing executed by the parties hereto. 1999862NO1969 .Z. PFAC W2 or •I• as.��r»s rs:n DOE~ CAI 17 96 KING COLIM, MA s xm IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: By4 MARILEE E. KARVFSKI STATE OF WASHINGTON )98. COUNTY OF KING) On this _� day of _ _ZWL:- 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swum, personally appeared Marilee E. Karnofski, to me known to be the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington Residing at: -FhM : My appointment expires: i0 - CJ : V 19990628001968 _ 3 . PAW W3 or as ei.te.1997 IS." -.va caxrv, uN IRF.TNgr1 ENS 17 M na • IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: gy G u_ /Alli'/CTr�^� THIA B. MCM HON STATE OF WASHINGTON ) )S& COUNTY OF KING) On this day of _. J., )C , 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cynthia B. McMahon, to the known to be the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in qt�d for the State of Washington Residing at: j S�aTz-f My appointment expires: 6U .4. 1999"28"1%8 PAGE 8W Or 816 KtnG COMM 4A 2*E~ [AS 17 N >d so • M IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: JAMES P. BRENNAN STATE OF WASHINGTON ) COUNTY OF KING) On this /2� day of 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared lances P. Brennan, to me known to be the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. r y% Notary Public in aryl for the State of Washington Residing at: j &?5ML My appointment expires: /0-a9-od 1 1 a or lis 968 . S PAW x we at �1! WM19" is " 1cl"r cou"M WA Mli ,w I I • IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR: By M RY T. BRENNAN STATE OF WASHINGTON ) ) 35- COUNTY OF KING) On this 14'0 day of _Z1,tJE 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mary T. Brennan', to the known to be the person that executed the foregoing instrument, and acknowledged the said instrument :o be the fi-ee and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington Residing at: ,� 4-rn� My appointment cxpires: 19990628801968 PQG[ 0" Or 016 () _ eb esi 1999 16." KING COU tY, UA GA IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons tbereunto duly authorized as of the day and year first above written. GRANTOR: ByV r , Y BRENNAN STATE OF WASHINGTON ) ) as. COUNTY OF KING) On this o73 a c day of-.. �- . 1999, before roe. the undersigned. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jerry Brennan2, to me known to be the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written- Ndtifry Public in and for thF State of Washington Residing at: -✓ :;s.s. 9z00 -j- My appointment expires: in - ,;?o t A AM W7 OF 68 wet 007 ar eso 9 6Inll "9 15. " RF&~ CAS 17 00 KIM"i CARRY. 1p a M ACCEPTED: By h JE RENNAN STATE OF WASHINGTON ) COUNTY OF ICING) On this _ day of cz: - , 1999. before me, the undersigned, a Notary Public in and for the SCate of Washington, duly commissioned and sworn, personally appeared Jerry Brennan, to me known to be the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. written. Witness my hand and official seal hereto affixed the day and year first above No Public in and for t& State of Washington Residing at: * 'v r My appointment expires: io-3o dh 1999062ON1968 8 rAcc as or M W2e11999 a " Klnc GAMY, uA 8RE~ [A! 17 00 ai • EXHIBIT "A" Assessor's Tax Parcel ID # 312405-9062-06 All that certain parcel 3 as shown on plat of Boundary Survey for Jerry Brennen Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155. as Recorders Certificate No. 9901299008, Records of King County, Washington, lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County, Washington, further described for reference as follows: Commencing at the Southeast comer of said Section 31; theice North 01 °48' 16" East, 2455.27 feet; thence North 88*11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44 an arc length of 124.32 feet; thence North 72118'09" West, 186.95 feet to a point on the Southeasterly line of Mountain View Avenue and the True Point of Beginning; thence North 24°57'59" East along said Southeasterly line a distance of 113.97 feet; thence South 720 18'09" Nast, 112.12 feet to a point 25.0 feet Northwesterly, as measured radially from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Bch Line Main Track centerline, as now located and constructed; thence Southwesterly along a line concentric with said Main Track centerline and along a curve concave Northwesterly having a radius of 1552.21 feet, central angle of 04".118", and an arc distance of 113.46 feet; thence North 72118'09" West, 117.23 feet to the True Point of Beginning. EXHIBIT "B" Assessor's Tax Parcel ID # 312405-9061-07 All that certain parcel 2 as shown on plat of Boundary Survey for Jerry Brennan Railroad Lease Acquisition, recorded January 29, 1999 in Book 127 of Surveys at Page 155, as Recorder's Certificate No. 9901299008, Records of King County, Washington. lying in Section 31, Township 24 North, Range 5 East, Willamette Meridian, King County. Washington, further described for reference as follows: Commencing at the Southeast corner of said Section 31; thence North 01°48'16" East, 2455.27 feet; thence North 88*11'44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve io the right, 1%ving a radius of 1602.25 feel, through a central angle of 04°26'44", an arc length of 124.32 fivet; thence North 72°18'09" West, 196.95 feet to a point on the Southeasterly line of Mountain View Avenue; thence North 9 - NIC~ CM 17 N PAM Gin or M 1999862t3t; I %e 6v2a119" Is. Y9 KING CMWY, UP 1s am • F] 24'57'59" East along said Southeasterly line a distance of 113.97 feet to the True Point of Beginning; thence continuing North 24°57'59" East, along said Southeasterly line of Mountain View Avenue a distance of 95.77 feet; thence South 72118'09" East, 103.98 feet to a point 25.0 feet Northwesterly, as measured at right angles from The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence South 20'05'21" West, parallel with said Main Track centerline a distance of 89.04 feet to a point of curve; thence Southwesterly concentric with and 25.0 feet Northwesterly, as measured radially from said Main Track centerline and along a curve concave Northwesterly having a radius of 1552.21 feet, central angle of W13'23", and an arc distance of 6.04 feet; thence North 72'18'09" West, 112.12 feet to the True Point of Beginning. EXHIBIT "C" Through Exhibit A as follows: Commencing at the Southeast comer of said Section 31; thence North 01'48'16" East, 2455.27 feet; thence North 8801 P44" West, 41.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04'26'44", an arc length of 124.32 feet; thence North 72'18'09" West, 69.72 feet to a point on a curve, the radius of which bears North 65'29158" West 1552.21 feet, thence Northerly along said curve to the left through a central angle of 1'50'42" an arc length of 40.46 to the True Point of Beginning of said easement, thence Northerly along said curve to the left through a central, angle of 1'50'42" an arc length of 70.00 feet; thence North 721I8'09" West, 15.00 feet to a point 40.0 feet Northwesterly, as measured radially from The Burlington Northern and Sam Fe Railway Company's (formerly Northern Pacific Railway Company) Seattle Belt Line Main Track centerline, as now located and constructed; thence Southwesterly along a line concentric with said Main Track centerline and along a curve concave Northwesterly having a raliius of 1552.21 feet, central angle of 04'11' 18", and an arc distance of 70.00 feet; thence South 72' 18'09" East, 15.00 feet to the True Point of Beginning. EXHIBIT "D" Through the easterly 10 feet of the property described in Exhibit B 1999062m l %e -to- Part are W ono 0649119" 13: M RRtlow CRB 17 90 KING COlR1rY, Ya i gAn I)X96 00 97 Y21 fl!r BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION SVR96Y NOTES SECTION Jt, T.14KP-SE. W.K L 7101 FORM= OF THEY SUR1r a TO D)MM" NOMWILND A Dam= TER PAW= AS SRDTN HZaON INOEM TOM.P TA=ATT Tffi TRANSFER of M PROPERTY As SHOWN NEEROX 1 DRYTRUAmrr 0=0 A TOPCON GYS-S Alm A PENTAF P M TEN AND TBRRS SECOND TVTAc RTATELR PtlH RETULTDIO CZ,WVM EEGEEDM TIIN AmmNY AOCORWY STANDARM AR • r: SET MR19 By wAC su-150. 1 NO DODGTTR LED" DASCIEPTEN I" PROVmMI MR rEu IJAM •. '" .' - ..+ :?F C:J ;; •[ PARCQJ SOWN ON TICS RCGBD OF sOHT[L Tor ONLY A0:7r T+OI•! TO _ - _ t DEWRPHON ATADARIA R u SHOWN ON 7217 Lean YAP DATED BLOCK •A• 1Z AILD LIBEJ7) V 1H®If 'y1.�0 � /IIX /71$ BV➢7DR310N MOUNTAIN ', rnciTV o�78R ER�PABcYs DOAm oD of -1 � TIm SURVEY T= RAUROAD YrAYTDXM WAS MUMD M BE FAOH.T N 4S]19 E COUSITFDIT M8 TH1 AS SUEZ LOCA ,1 4 FOR Tim RARE OF MINT77DIO Tmu clam THEY rm TIED N14ST5a AVENUE INTO Tffi SECTION a ZROM TO .m DT CUlCYrwo TER ACTUAL LAKE L NI. S�j yE AYIDX RUED ON T� aC7AXONAR SURVEY "STRIA 50502'M'E E L OF 1001 SUPPLOWITAL MW W RE WA9 PlCR Rl® IN SO}O® 9.30' LAKE OP IOW TO FIX"= Ilm SuRm.. n TIM LOCATION OF LASE FAS®IOTON RLTD a RAW ON TIa RECORDNABffRlCTON S OF SIIRya AS FRAM IN DOOR IIB OF SURVEYS ON PACES = " T. TH1 LOCATION OF Tffi BUEDmroX NORHERN RENT OF TAY D PER 1 HOUSE 7111 RAEROAD PUT YAP 'NORTHERN FA AND P.1' IN SELTEN 1 I SL NOT T= !4 ENT O RAMS 5 W I.Y. a Ir a NOT TTIE 4 NOR of AM 5 ZIIr ro DA71tRlmR ALTUaL LANs I NovsE i OWNERSHIP, real MATTER n IRRT LET 10 M =2 roloA 0. EEIDNYDALE REACH C SHOWN PER ME FTED NOTIN OR MJ E78 PARCEL Jf" — PARCEL I In Z �GAT?DK of � P oDOE f CA RULKFIXID Lo GARDEN OF MIKE e FRCWOSED ACCESS tm + EYST, t CAE 0 01 JILM east LEASE /501N0 SHOWN IN ITS APPRDKMIATE IOCATEN 0NL7 P� 1 s i 1oRAW r PARCEL 1 8 ^� u.O. ti.. m mmamcr LT YAD1 70 TI r FOuomw RECDam OF nmyrr ENST LEA /405p0D.)T m AON WIDCH MEN IRMI ro CALLULAIT AND/OR ARCENTADI ME HOIHmARY AS SEWN HEREON- _ r BOOR Ua PAOSS Sm A/B �CIIAYEL fMDYEWAY — J 3 EOON a4 PAOE My Ell PROPOSED ACCESS j �`� 9 BOOK nR PADS IM EASEMENT AND A O - 0411.1a'4.0, DOOR 44 P G1 lal R I55221' A - 001]'zJ' u BOOK IS PAOf RRW RR XINC / L - i11 b' R - 1552ZI' w. g SEE Bt �roNpR1fIDIN RAHJMAD _ MOND AND ACCEPTED R CAPPED YOX / DI ROAD CDRERLDR R LAKE WASHINGTON BLVD. A Pm am as/SUA/n TIED D/an __Im04.4rE — — — 40J.39 — -- — O . N7a'u' R L - 2w31• u= CAP ED MOX IN ROAD cX N7EUDIR PROPOSED RAILROAD XING EASEMENT TIED PEN lla/REI/a AN EASEMENT LEFT IN WW iN, IYNG 11 FEET ON r SIDE QF THE FOLLOWING DESCRIBED GENTERUNE , •,1 1WI000 COMMENCING ANC A7 THE SOUTHEAST CORNER a SECTION 31, mMNS6P : /^ µ'L 24 CE N RANGE 1 EAST, W.Y.; 1 THENCE N 1 24 3.27 FEE UST ALONG THE EAST LINE W SAID SECTION n 2b5.2T FEEr ' MINCE Noah eelf•u- WEST 41.34 FEET TO A BRASS DISH IN .." 1' AML AND Ammulo INC CENTO"E OF LAKE WASINNCTRI LLD. u R4� P.0.L CUED A6)XVYERf THENCE SO/M 20V4'b' WEST ALCNC SAID ROAD LE)o TERUNE � ��•`^^ SOW AIm BURNETT 4m.JD FEET TO A BRASS DISK AND THE PANT OF MIRW TD THE Wiz..+ ^'+• Ab 1FEN ao:r � a/� /Y0! RoIr.. /�/S�7•J MENCE ALONG SAID CURE TOTIE.MO r NAYNG A RADIUS W INDEX LOUD. 160225 FEET "WON A CENTRAL ANGLE OF 470'N' AN ARC SEC.JI T24N.R5E., W.Y. LENGTH 12+.0 FEET,, LEGEND THENCE NORM n1e'ov WEST 69.72 FEET TO A PON7 ON A WRY£ THE RADNIS POINT OF WMCH BEARS NORM 6579'58' BASIS OF BLARING, SE CORNER EE * A SECTION CORNER WEST 155211 FEET, O FOUND AND ACUPTMI THENCE NORTHERLY ALONC SAW GLIRW TO THE LEFT MRWbI A NOLODIG THE BEA/mE OF CLSID YONVYERT A ROAD YOXIHIERT CENTRAL ANGLE OF IW'42' AN ARC IENCM OF 49.2E = TO' NmIrr ON T sLTT SOAR AND BURxm FOUND Y® JURTEY IHE POINT IX BEGNNING Di SAID EASEMENT CENTERLINE L or TOR 91L'?mm GRAPHIC SCALE JO M/YYt 0 A SNY 1/R' yIDAR 31 THENCE SOUTH 45WW' EAST ♦247 3 FEET M ME WESTERLY J�� w/72 CAP Ns SMI'I. MARON CF LAKE WASIINGTON BLM AND ME TERMINUS OF SAID AS SHOWN ON TILT RKCORD �C�� G A CALCUTA ID POW ACCESS EASEMENT. OF SURFEY I= IN awl M 1'-JO' NOT art SINATE IN ME CITY OF RENTON. MNC COUIIN. STATE IN WASANCTCN. ON PAGE ZU A A BOU SET IN RDCK MR LANDOWNER = RECORDER'S CERT11CATE...L2...rt./..J.Y..!M..W AIRYEYOR'S CER11FlUlE BOUNDARY SURVEY PREPARED FOR Fl. rs rwar6 uI.LT....acr •1 1 .... lD.ft..a<:iY H mW muP c....cnr •.w.. M ..+»T — by JERRY BRENNAN Wak..+.AY..oL.ANL�...._at P.w.._A�r...r Ln...RW..L •I m. s u.a. mr &—C m .— as M. EM COMT SErn9N SL T.94XA39 WY ppB[pT p rpuK•m•nU of N• Surr.Y R•fwrdti9 Acl el N• .._......"""y:':K........... r•wat o1.....E1fF.T.BRAIIAAN........liEASTSIDE CONSULTANTIL W GDON . ........... OWN BY DALE JOB HO. F_..DEG....19RB /)a`�� / �A•J .: ....... AN�eRFY•n00 as RAID aVs 110WIN CHKD D SCAIE SHEET .. +.4...•'�_. ........•.....'oI Rica/M'(/A__.._.. Wy6gylE rAMarn1 sWPL. Crtllk•A• Nu.....AA}PL..._. .^„'°!a ,, R. KITI 1'cJ0' 1 ar 1 4Qn11LSi}00S. 1=7 i59 BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACOUISITION SURVEY NOTES SECTION 3% T.24KR.5E. W.Y. L THE PTIRPO.v OF ITS MRTsr D TO MANTO't INXVkWrt ARD Dna= THE PAROMS AS SHORH MMR LN pRDm TO IMP FA=ATR T13 TRAIOPQ Ol TM PROFQfT Y =NN /®OS L BQTRfAD01i: DSDID A mPWR CTS-S AND A PENT" PTs-n TEN AND TR1Q MO RD TOTAL STAMM "M RMOTMN CLASU ss X=XIMM I= MINI D1 &WORACT STANDARDS AN SsT TORTE N LAC aer-ISM _ 3 IN ORMICTTR LOUL DwelormR ra+ PROTmp MR TM LLL1= •. " .' - ..l -,y ��: T;_N _ _ __ FAR= SIDRN ON Tffi R MAD or SDNTET THE OXT SLOG'..• •• - -�•A • _ ."IO,j DINOWMN ATAN.w+COAl SHORN ON THE L44 NAP DAM DW/�7%/T1'�AND fAEtTm u 1� •H1'�.D�NOA1DHi 11TH B00J1Ri1011 AfOUNTAIN MUM OF LkATHN THE Lga= P2 OORDIO TA OODIDN Ol no SOlTIT THE RADNOAD mAI1mmN RAr mmm m 0/AOR.T �W COI®TMT WITR T8E AT llORJ TEST NT.Sf�J+ di . AVENUE ` MRMUMTHR = W AN°�+Horr°10ir � IaZARWYM THR WMAAL !.AILS rm L NY.3)SB'E WCAMS SAM ON T! RBCTANOOLR STALKY STNW WASHINcroN suoa•N•E R Orr IVft at 1SOVIET "MAWAWO"AALaPmn MAN WAS THISU a® Win® Mir LAKE 8 OI INN To PDTAl1Q r® SORTIc H I= TDCATNR O/ LUZ FAMPTTON SLIA D RAW ON THH RBDORD IIASRING7TIN S OP SONWT AS MA Or BOOK uN W SURTI TS ON PAMIX M A/R T. Tift LWATON Of Tffi HORMROmR WATEW ANST OF ►AT D Pm NWSE TM ALQROAD FIAT NA/ 'AVRT=W PAR! ARD P.1' DI >QTNN 1 1 6 laD NOT 1'I lAr WA Of IETM TO DTW ImQ Y.TVAL LAND 1 FquSE i Orl1� TLK LUTTm D REST LDF m TM Tau N R "M t IDOITDY2 BEACB D >DDM PO iM TORD MOTTO OR lIIl RIR PARCEL 3r — TM XVW COUNTT YO AP ffi OfMW Byer NL IM PROPO= ACCESS we•rm i EJIST LEASE 00 Jtli, PARCEL i LM TM LDCAMW OF THE FIAT OF CM BNYAM MAAM OF mm D CASEIHNT rDR n+AB w OUT. I&,[ /S0T0'O SHORN a m APMJMU H LOCATION ONLL PASO"NCEI.S T J 1N++ w PARCEL 1 'n• "^ "•a'r' M JWWUMM D NAU W THE FOLW700 MWOR OF nWZT — — — —,% — " ENST. LEASE NpTppMr) - Ig'g Nffi tD10 m CAfCNAR An/Oft uCHKIAp T»7 BooNDYtT NTY uNOW 101101N.. ' AY — — — ® k . w wo BOOK LIM PAO= AN BOOK LI PIMA ARR AM �a1ASa DN.R"' 1 3 _ _ J yy,�• R p10r . PIOf sSr PROPOSED ACCESS O.Tt•ie• BOOT W PA" IN EAS IEII ' R tvzYl' -0' A - 0013E"• ti G BOOK Ia PWR N" lwzn R SEE OESVMDOH . i✓. L ]11 N' L - 0.01E RILLSS CAPM INK. R . LAKE AASMNGTON BLVD. R P m.o PER ROS eftSl./s r>m v/N �mn.•.se _ _ _ '�A Lai R - /1121' 'O L - f3A]a' � � IAN�K x. A ROAD CDrrmTDR PROPOSED RAILROAD XING EASEMENT Pm TOT ue/RN.✓L AR EASGdMT MFEET IN WTK L1 IS FEEr OR EAGI SIDE OT CO fQLONNC SCRIKI) SOUT CENTS COW COIR I`H.N ATM SW MAST CORNER OR SET:OOR T. TOMISIV f/^ a. wE .N Rm JUST, P.Y.: SECDO .`IORTH Di'N'1EE EAST KOIIM M EAST UN[ OP SAID THENCE JI 2435.27 2E1 THENCE NORM NEITRF LM MESS .t.J. FEET m A BRASS p51( IN '.0 t AML ALTO A0.3TID M CE SWINE 0 L.YIc "T AJ. RNI BANS , O� P.ML IM 3 YDNUI�T THjo SWTH 20TW HEST KCWC SAID ROAD [ENIERUTO ":•, 1•� OOIR ARD BDRIDTi RnN T. 'ET ro A NABa OCSif AND M PONi Of WRK ro M �•.'..u�"" I•n A /Yet R� E A,. O SAID O41K TO M ISOmr NAMILC A RADIUS Of //i1/�� I.OD' LOG rtOt IdM23 FEET THRWOI A CENiRK ANGLE OF .]e'N' AN ARC SEC M T.a.It N R.LL rLCE OF NORTH 72 FEET.A (dGEND POKE NORTH 71T 1'01 .EST S+.T7 FEET m A PCMT ON A QRTK M RAW$ PONT OF WON BEARS NORTH 657+•38• BASIS 0T BEARING. a COIOTm :a * ♦ 9DC7mI GORIER WSr 1SSLY1 FEET, Peer NONDRAT KCMG SAID C m INC LEFT TH W A m mN r>3 aRLININ OF CAM mxukwr A A ROAD IMMOINT CENTRAL ARISE OF 130'.a•. AIL ARC LENCW OF .D.ve FEET TO NW-481 T ON THE W7 SOW Alm svxw" mmm I= n7m M POINT Or Ncr+e+FG OF SAID EASELCNT m "TON[ Low OF THE SODTMLRT GRAPHIC SCALE �> A.Mt O A SIT AP Amu 31 INOICE mm .STN'JR• EAST .L.7 S "EFT TO M AES'Tmy QUARTER OF SBCRON .L .19 A SE CAP N. SAR AMARCIN OF LAKE CCESS UmIENtASNN61pI MID.ANO M TOM+NUS OF SND As Ol SSUHTrT I= Of "K ep. p A CILCULEID POINT ON PAGB Yet NOT an 9NA iE IN M a" Of Rpl10N, NNC COUNT; STALE a WASIMCTEW. � 1 BUT NO Of ROQ TOR LLNDOrm" = REeoRoersaxmure..tt_a.iirsRe.+ aNncroesCERMWE BOUNDARY SURVEY PRaARm TOR nN rw ..ron uwLt.._eer •r r ._ ++.tt_.uara N iNY m4 cvn•cltT .sr•...0 . N^r ...a. eT JERRY BRENNAN De•K...lI..o1..ANA�.._.pt P^T.._AIL..v1 N. ..yM .t m. a wer TOT a.ptlen M cenb.naww .iu IN. .MMN SL T.S.N,Eat RY IrwplT.m�_U.. .1 —_; s;N R._—.... _AR RiMLam" _ al TN• ONRULTAlfflL MA BT DATE A1R ItM --- � �� iwalilL r`AArr�m oa B sG1L "cET gAoI'Zug 0087 121 t5`5, BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACOUISITION SuHvav NOTE SECTION J; T.71N•R5E. W.M. L Tim Pt1RPOSE OF TINY SUfrfr IN To EKNIVE IIONWIIOR. AND DCG� Tim PAW= AS BROWN RZIWW Y OAOQ TO ZMF FINITE Tim TRANSFER O/ THE PAOPurT AS SHOW x®x 2 pQlxUlm? 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NpT S� SINA S EASEYEia as PICK ZaC 1•.'10' RNAI[ M iFIF tltt OF RYITON, IOm CQlWTY, STATE OF WASMINITCM. � A BATS 9fl R /bQ Ioa LANnorNEY rm — - - WCOROEWS wRWwR•s cERTIRGTE BOUNDARY SURVEY PROM® MR nm M1W ..avW uraA.._mr of t .... Io.LLon..a w Tnr maP aor..aar •.w...Iu o .+..T mom eY JERRY BRENNAN oaa�..t13..a1..JrA.•...._.at pap.......rL..y N. r.RUM .I T. > wdy ^IY dY.cBm M canbmena .M tW. SECTION lL TBAx.RaK KY r al M. Surw) R.mrmp Oat y M. 1tOI�O.t .......... rpu.y ol_...ENtL.94LTBlRN._ OWM BY DATE AB NG w_DEG....IaBf GDON l f1� �� jyJ /r�i�1r..:x___ ANArWN'AA�'8100 iiY�iAi�TeN R. KlTZ.. CITY OF RENTON MEMORANDUM Date: December 17, 2001 To: Dave Christensen 1N V� From: Lesley Nishihira/Development Planning Subject: Kennydale Lakefront Sewer Improvements Project No. LUA-01-161,SM,ECF RECEIVED DEC 18 2001 CITY OF HENTON UTILITY SYSTEMS The Development Planning Section of the City of Renton has received the above -referenced application for environmental review. Following the ERC meeting, I will send you copies of the ERC determination along with the timeframes for the public comment and appeal periods for your files. If you have any questions, please contact me at 430-7270. acceptance Transfer Number: INTERFUND TRANSFER Date: — General Description: LA-K-E FONT gPr--� I M-Pgwb�I-c, PR-03-e-,C-T VS T= tA&Af O S � f-S Eta a Nam, W/� 'f� I - ( la I Department To Be Charged (Transfer Out - From) P I2 2 W / U T I t, I T `i S `f S T FW; Description Account Number WO/Function Amount l— Q Department Authorization: Department To Be Credited (Transfer In - To) PRPV-4 & F-V Gjn f>w T S� Description I Account Number WO/Function Amount v poo . 34 1. 00. 00 I 50 I o o 0 NI. P Do 1 .0 .001(Q -50161' os 000, 0 5.5161.go.9-a• 1 5�55 g1 4 T� S Distribution: White: Finance Department Yellow: Department to be Charged Pink: Department to be Credited 4� � �� ? � �� '1� 1 DATE: I 0 Thing.e to do Today . lm� CITY OF RENTON MEMORANDUM RECEIVED Date: February 7, 2002 FEB -1 200? To: Dave Christensen CITY OF RENTON UTILITY SYSTEMS From: Lesley Nishihira/Development Planning Subject: Kennydale Lakefront Sewer Improvements Project No. LUA-01-161,SM,ECF This letter is to inform you that the appeal period has ended for the Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for the above -referenced project. No appeals were filed on the ERC determination. This decision is final and application for the appropriately required permits may proceed. The applicant must comply with all ERC Mitigation Measures. The Shoreline Substantial Development Permit (SM) will be sent to DOE in the next week. If you have any questions, please feel free to contact me at (425) 430-7270. FINAL f oV, S tr y CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: DATE APPROVED: TYPE OF ACTION(S): LUA-01-161, ECF, SM December 13, 2001 December 17, 2001 February 13, 2002 [ X ] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application: APPLICANT: City of Renton; Utility Systems PROJECT: Kennydale Lakefront Sewer Improvements RECEIVED F7r_F3 15 2002 CITY OF RENTON 'MLITY SYSTEMS DEVELOPMENT DESCRIPTION: The applicant has requested a Shoreline Substantial Development Permit in order to perform improvements to an existing 8-inch diameter, 4,700-foot long sanitary sewer line located in Lake Washington. The lakeline, which currently serves two small residential neighborhoods, is located approximately 40 feet offshore beginning at the north end of Gene Coulon Park and ending at North 401h Street. The project would install 4 pre -cast concrete manholes at sagging locations to allow access to the existing lakeline for maintenance and cleaning. The manholes (4 feet in diameter and 3 feet in height) would extend 2 to 3 feet above the lake bottom. The manhole locations will be selected so as to minimize navigational hazards. All project activities would be conducted by floating barge operations and are currently scheduled to be completed between July 15th and October 15th of 2002 (If permits are not obtained in time for this construction window, construction is anticipated to be completed between July 151h and October 151h of 2003). An Environmental (SEPA) Review Determination of Non -Significance — Mitigated (DNS-M) was issued for this project on January 15, 2002. The appeal period for the SEPA Determination ended on February 4, 2002. No appeals were filed. LEGAL DESCRIPTION: N/A SEC-TWNP-R: 5-23N-5E & 31-24N-5E WITHIN SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton The following section/page of the Master Program is applicable to the development: Section 4-3-090.J 4-3-090. L 4-3-090. L.18 Description Urban Environment Specific Use Regulations Utilities Page page 3-25 page 3-27 page 3-37 shoreline City of Renton P/8/PW Department Shoreline Substantial Development Permit Kennydale Lakefront Sewer Improvements Page 2 of 2 Development of this project shall be undertaken pursuant to the following terms and conditions: The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application and modifications submitted to the City. The applicant shall comply with the SEPA mitigation measures imposed by the Environmental Review Committee with the Determination of Non -Significance — Mitigated (DNS-M) issued for the project on January 15, 2002. This permit is granted pursuant to the Shoreline Management Action of. 1971 and pursuant to the following: The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until twenty-one (21) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this twenty-one (21) day review period have been completed. -�) 4 e 3)G2- Gregd Zimmerm n Admi i trator Date Planning / Building Pu is Works Administrator cc: Attorney General's Office Applicant Yellow File shoreline CITY OF RENTON MEMORANDUM Date: January 17, 2002 JA N 17 2007. To: Dave Christensen ,�{� CITY OF RENTON F UTILITY From: Lesley Nishihira/Development Planning SYSTEMS Subject: Kennydale Lakefront Sewer Improvements Project No. LUA-01-161,SM,ECF This letter is written on behalf of the Environmental Review Committee (ERC) and is to advise you that they have completed their review of the subject project. The ERC issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed Mitigation Measures document. Appeals of the environmental determination must be filed in writing on or before 5:00 PM February 4, 2002. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. If you have any questions, please contact me at 430-7270. Enclosure acceptance CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-01-161, SM, ECF APPLICANT: City of Renton; Utility Systems PROJECT NAME: Kennydale Lakefront Sewer Improvements DESCRIPTION OF PROPOSAL: The City is proposing improvements to an existing 8-inch diameter, 4,700-foot long sanitary sewer line located in Lake Washington. The lakeline, which currently serves two small residential neighborhoods, is located aRproximately 40 feet offshore beginning at the north end of Gene Coulon Park and ending at North 40 Street. The project would install 4 pre -cast concrete manholes at sagging locations to allow access to the existing lakeline for maintenance and cleaning. The manholes (4 feet in diameter and 3 feet in height) would extend 2 to 3 feet above the lake bottom. The manhole locations will be selected so as to minimize navigational hazards. All project activities would be conducted by floating barge operations and are currently scheduled to be completed between July 15t and October 15 of 2002 (If permits are not obtained in time for this construction window, construction is anticipated to be completed between July 15th and October 15th of 2003). In addition to Environmental (SEPA) Review, the project requires approval of a Shoreline Substantial Development Permit. LOCATION OF PROPOSAL: Sewer line in Leke Washington approx. 40 feet offshore; between N. 28 St. & N. 40 St. MITIGATION MEASURES: The applicant shall comply with the construction techniques and conservation measures described in the Biological Evaluation prepared for the project by Adolfson Associates, Inc. dated March 2001. The applicant shall install the appropriate sedimentation control measures, including the utilization of a hanging silt curtain during in -water construction around the barge and work area, for the duration of the project. The applicant shall comply with the recommendations contained within the Geotechnical Report to be completed for the project. mitmeasures CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-01-161, SM, ECF APPLICANT: City of Renton; Utility Systems PROJECT NAME: Kennydale Lakefront Sewer Improvements DESCRIPTION OF PROPOSAL: The City is proposing improvements to an existing 8-inch diameter, 4,700-foot long sanitary sewer line located in Lake Washington. The lakeline, which currently serves two small residential neighborhoods, is located approximately 40 feet offshore beginning at the north end of Gene Coulon Park and ending at North 40 Street. The project would install 4 pre -cast concrete manholes at sagging locations to allow access to the existing lakeline for maintenance and cleaning. The manholes (4 feet in diameter and 3 feet in height) would extend 2 to 3 feet above the lake bottom. The manhole locations will be selected so as to minimize navigational hazards. All project activities would be conducted by floating barge operations and are currently scheduled to be completed between July 15th and October 151h of 2002 (If permits are not obtained in time for this construction window, construction is anticipated to be completed between July 15th and October 15th of 2003). In addition to Environmental (SEPA) Review, the project requires approval of a Shoreline Substantial Development Permit. LOCATION OF PROPOSAL: Sewer line in Lake Washington approx. 40 feet offshore; between N. 28 St. & N. 40 St. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning Project activities may not begin until the completion of the 21-day appeal period for the required Shoreline Substantial Development Permit. The shoreline permit cannot be issued until the appeal period for the SEPA determination has been completed. advisorynotes CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-01-161, SM, ECF APPLICANT: City of Renton; Utility Systems PROJECT NAME: Kennydale Lakefront Sewer Improvements DESCRIPTION OF PROPOSAL: The City is proposing improvements to an existing 8-inch diameter, 4,700- foot long sanitary sewer line located in Lake Washington. The lakeline, which currently serves two small residential neighborhoods, is located approximately 40 feet offshore beginning at the north end of Gene Coulon Park and ending at North 40th Street. The project would install 4 pre -cast concrete manholes at sagging locations to allow access to the existing lakeline for maintenance and cleaning. The manholes (4 feet in diameter and 3 feet in height) would extend 2 to 3 feet above the lake bottom. The manhole locations will be selected so as to minimize navigational hazards. All project activities would be conducted by floating barge operations and are currently scheduled to be completed between July 151h and October 15t of 2002 (If permits are not obtained 0 time for this construction window, construction is anticipated to be completed between July 15th and October 15' of 2003). In addition to Environmental (SEPA) Review, the project requires approval of a Shoreline Substantial Development Permit. LOCATION OF PROPOSAL: Sewer line 0 Lake Washington approx. 40 feet offshore; between N. 281h St. & N. 40t St. LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM February 4, 2002. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.13. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 21, 2002 DATE OF DECISION: January 15, 2002 SIGNATURES: G Z. Gregg er an, dm nistrator DATE Depart t o Planning/Building/Public Works r- Shepherd, Ad nistrator Community Services Lek WAeeler, Fire Chief RerVn Fire Departmen / / S -D- DATE DATE dnsmsignature 3**Y'(V)N'ee City of Renton PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT Utility Systems -Fifth Floor 1055 South Grady Way Renton, WA 98055 TO: Jeff Lykken TetraTech/KCM Phone: ( ) Fax Phone: (206) 443-5372 Date: 11 /15/01 FROM: Dave Christensen Phone: (425) 430-7212 Fax Phone: (425) 430-7241 ISUBJECT: Lakeline Easements I Number of pages including cover sheet 3 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please [ For your be mailed ASAP Comment review Jeff, here is a sample of one of the easements along the lakefront properties. I talked to Leslie and she is fine if we stae that this is a sample of one of the easements and a similar document exists for each of the properties along sewer line alignment, and that unlike typical easements, the City has easement rights over the entire parcel versus a 15 to 20-foot strip. V dm*-t+rN-n JLWllLvl1. Ahead of the curve CV "r Cn O c� CV C7 O N N 200 MILL_AVFv ON. WASH, 98055 THIS INSTRUMENT, made this day of by and between J Viand and and and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $_ paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: A Utility Easement for the installation, repair, replacement, maintenance and operation of a sanitary sewer main line and appurtenances within Sanitary Sewer'Local Improvement District No. 270 over and across the following described property: All that portion of Lot 64, Block A, C.D. Hillmans Lake Washington Garden of Eden Division No. 2, according to the plat recorded in Volume 11 of plats, page 64, records of King County, Washington, lying South of a line beginning at a point on the Easterly line of said Lot 13.50 feet Southwesterly of the Northeast corner thereof; thence North 880 39' 00" West to the Inner Harbor line: - Together with all of Lot 65 and that portion of Lot 66, said Block A, lying North of a line beginning on the East line of said Lot 66 at a point 55.88 feet Southwesterly of the Northeast corner of Lot 64; thence North 880 43' 00" West to the Inner Harbor line: Together with 2nd Class Shorelands adjoining. Also together with the Westerly 15 feet of the Burlington Northern (Northern Pacific) Railroad right—of—way adjoining. Subject to an easement over the East 10 feet for road purposes. a•, N C�) O C'7 CD i i Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of con- structing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, and such construction, maintaining, repairing, I ltering or reconstruction, of such utility shall be accomplished in such a manner that the private improvements existing in the right right(s)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will::;:: �.. be replaced in as good a condition as they were immediately before the. property.;4 was entered upon by the Grantee. x� the Grantor shaii fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the grantor shall not erect buildings .4r..structures over, under or across the right-of-way during the existen &',' fu h utility. This easement, shall be a covenant running.with"the land and shall be bind- ing on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above pro�erti and :that -.th ey, have a good and lawfulA_ri' execu this agreement. and and STATE OF WASHINGTON SS COUNTY OF KING I, the undersigned, a nota certify that on this / day of before and me o�c� � and and public in d for the .State of Washington, hereby 197 :�-- personally appeared P _ and to me nown to be individuals described an d in an w o execute the foregoi n�trument, and acknowledged that signed. and sealed the same as. free and voluntary act and deed fo the uses and purposes therein mentione . r. qNotry u is in an d�for t Sta f '';` Washington, residing at N cn CD N c� O N N 200 f,,11L1_AVE izlnlV�V UN, WASH, 98055 THIS INSTRUMENT, made this day of ME by and between L J and and and and 19 7 ; 7 hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $ paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: A Utility Easement for the installation, repair, replacement, maintenance and operation of a sanitary sewer main line and appurtenances within Sanitary Sewer Local Improvement District No. 270 over and across the following described property: All that portion of Lot 64, Block A, C.D. Hillmans Lake Washington Garden of Eden Division No. 2, according to the plat recorded in Volume 11 of plats, page 64, records of King County, Washington, lying South of a line beginning at a point on the Easterly line of said Lot 13.50 feet Southwesterly of the Northeast corner thereof; thence North 880 39' 00" West to the Inner Harbor line: Together with all of Lot 65 and that portion of Lot 66, said Block A, lying North of a line beginning on the East line of said Lot 66 at a point 55.88 feet Southwesterly of the Northeast corner of Lot 64; thence North 880 43' 00" West to the Inner Harbor line: Together with 2nd Class Shorelands adjoining. Also together with the Westerly 15 feet of the Burlington Northern (Northern Pacific) Railroad right—of—way adjoining. Subject to an easement over the East 10 feet for road purposes. LAKE WASHINGTON 30+00 I 1 othNouse B 36N�. ♦ 34+0 so �go 2+-0--_-----r--_�� L O \ Pa f}o Kennydo% \\ 3�p1 - 3�y11 Beoch Purl( \ 3"05 3(P01 ------------------- ------ -------------- j Disclaimer: The asbuilt survey. of the sever line was completed using electronic ' pipe locators and steel probes. Although Vvery effort was made to accurately locate -and profile the sever line, the information shown is approximate and has been drafted on existing plan/profile sheets originally prepared by others. The information shown on the plan views has not been surveyed or tied to any known property corners. 6,42 /�1 Cl� iS �7Ci� rt/Ir�i� i�� t 17rD S�.vk- GT SA-/r7zE Gt�Lc �� ScrRE �R oAE�TY a.� � c-) V' i� C:) M CV Cl) CD 'CV r` THIS INSTRUMENT, made this,day of 19 17,2 by and between and > and and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $ paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: A Utility Easement for the installation, repair, replacement, maintenance and operation of a sanitary sewer main line and appurtenances within Sanitary Sewer Local Improvement District No. 270 over and across the following described property: ...South 12 feet of Lot 62; All of Lot 63; and the North 4 feet of Lot 64, Block A, C.D. Hillmans Lake Washington Garden of Eden Division No. 2, according to the plat recorded in Volume 11 of plats, page 64, records of King County, Washington: Together with 2nd Class Shorelands adjoining. Together with the Westerly 15 feet of the Burlington Northern (Northern Pacific) Railroad right-of-way adjoining. Subject to an easement over the East 10 feet for road purposes. vi Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of con- Cl) strutting, maintaining, repairing, altering or reconstructing said utility, or 1, making any connections therewith, and such construction, maintaining, repairing, c) altering or reconstruction of such utility shall be accomplished in such a manner cCD that the private improvements existing in the right right(s)-of-way shall not be N disturbed or damaged, or in the event they are disturbed or damaged, they will M be replaced in as good a condition as they were immediately before the property Nwas entered upon by the Grantee. the Grantor shaii fully use and enjoy the aforedescribed premises, including the right to retain the right .to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the grantor shall not erect pui•ldings. or. structures over, under or across the right-of-way during the eifstence�o.f such utility. This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors, heirs and assigns. hey are the lawful owners of the above properties, and awful right execute this agreement: k and and and STATE OF WASHINGTON ) 1 SS COUNTY OF KING Grantors covenant that that they have a good and I, the undersigned, a notary ublic in and for the State of Washington, hereby certify that on this day of yc 197�_ personally appeared before d and and and - and ; to me known to be individua described in an w o execute the foregoi 1�trument, and acknowledged tha signed and sealed the same free and voluntary act and deed fo the uses and purposes therein mentiondd. oaryPu icin and fort Sta f Washington, residing at co 117 O C'7 N c� O N ,)tHCL OF IML ��:':r - Cci.-Ec:� _ FiE1VTQNfr_1ueL E A S E M E N T 200 MILL AVE. SOUTH THIS INSTRUMENT, made this lOtkday of March 1972 > by and between Marjorie 14. Reese . and and and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: That said Grantor(s), for and in consideration of the sum of $�� paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: .A Utility Easement for the installation, repair, replacement, maintenance and operation of a sanitary sewer main line and appurtenances within Sanitary Sewer -Local Improvement District No. 270 over and across the following described property: All of Lots 57 and 58, Block A, C.D. Hillmans Lake Washington Garden of Eden Division No. 2, according to the plat recorded in Volume.:ll of plats, page 64, records of King County, Washington: Together with 2nd Class Shorelands adjoining. Together with the Westerly 15 feet of the Burlington Northern (Northern Pacific) Railroad right-of-way adjoining .Subject to an easement over the East 10 feet for road purposes. cx? �n O M N M O N N I Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of con- structing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, and such construction, maintaining, repairing, altering or reconstruction of such utility shall be accomplished in such a manner that the private improvements existing in the right right(s)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. the Grantor shaii fully use and enjoy the aforedescribed premises, including the right to retain the ri.ghG to.use'the surface of said right-of-way if such use does not interfere witF..,Thi.p.all< tion and maintenance of the utility line. However, the grantor shall Kb Oe rect buildings or structures over, under or across the right-of-way during the existence of such utility. This easement, shall be a covenant running wIth�the land and shall be bind- ing on the Grantor, his successor5=;'heirs 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. and and and STATE OF MWA( ) Piatt ) SS COUNTY OF YkW ) 1 inois I, the undersigned, a notary public in and for the State of , hereby certify that on this 10 day of March 197 2 personally appeared before me Marjorie M. Reese and and and - and to me nown to be individual s described in and w o execute the foregoing instrument, and acknowledged that she signed and sealed the same as her free and voluntary act and deed for the uses "11 and,purposes therein mentioned. No ary Public in and for the State of Illinois Ambdja R residing at cerrO >ordo, r1i STAFF City of Renton REPORT Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE: January 15, 2002 Project Name: Kennydale Lakefront Sewer Improvements File Number: LUA-01-161, ECF, SM Applicant: City of Renton; Utility Systems Project Manager: Lesley Nishihira Project Description: The City is proposing improvements to an existing 8-inch diameter, 4,700-foot long sanitary sewer line located in Lake Washington. The lakeline, which currently serves two small residential neighborhoods, is located approximately 40 feet offshore beginning at the north end of Gene Coulon Park and ending at North 40`h Street. The project would install 4 pre -cast concrete manholes at sagging locations to allow access to the existing lakeline for maintenance and cleaning. The manholes (4 feet in diameter and 3 feet in height) would extend 2 to 3 feet above the lake ottom. All ro ct activities would be conducted by floating barge operations and are �m�%d between July 151h and October 15" of 2002., In addition to Environmen I (SEPA) Review, the project requires approval of a Shorelir,�e Substantial Development ermit. Project Location: Sewer line in Lake Washington approx. 40 feet offshore; between N. 281h St. & N. 401h St. Exist. Bldg. Area gsf N/A Proposed New dg. Area gsf N/A Site Area 23,500 Total Buildin Area gsf N/A i RECOMMENDATION Staff Recommend that the Environmental view Committee issue a Determination of Non -Significance — Mitigated (DNS-M). 6 �✓ / �,,�� U��i`/�Ge� 11,z Gib l �'G lj Project Location Map ercrpt.doc City of Renton P/B/PW Department KENNYDALE LAKEFRONT SEWER IMPROVEMENTS REPORT AND DECISION OF JANUARY 15, 2002 B. RECOMMENDATION Environmental Review Committee Staff Report LUA-01-161, ECF, SM Page 2 of 4 Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON -SIGNIFICANCE XX NON - SIGNIFICANCE - MITIGATED. Issue DNS with 14 day Appeal Period. XX Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period followed by a 14 day Appeal Period. C. MITIGATION MEASURES 1. The applicant shall comply with the construction techniques and conservation measures described in the Biological Evaluation prepared for the project by Adolfson Associates, Inc. dated March 2001. 2. The applicant shall install the appropriate sedimentation control measures, including the utilization of a hanging silt curtain during in -water construction around the barge and work area, for the duration of the project. 3. The applicant shall comply with the recommendations contained within the Geotechnical Report to be completed for the project. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning_ 1. Project activities may not begin until the completion of the 21-day appeal period for the required Shoreline Substantial Development Permit. The shoreline permit cannot be issued until the appeal period for the SEPA determination has been completed. D. ENVIRONMENTAL IMPACTS In compliance with RCW 43.21 C. 240, the following project environmental reviewdr e$,��i fe project impacts that are not adequately addressed under existing develo� �,"�i�d,r and environmental regulations. �O� 1 , IV- 1. Surface Water Shoreline Habitat Impacts: The subject site is located within the Lake Washington water body, as ell as within 1 mile of the mouth of the Cedar River, both of which are known habitat areas for many fish species. One of these species, the Puget Sound chinook salmon, is listed as a threatened species under the Endangered pecies Act (ESA). The National Marine Fisheries Service (NMFS) has also designated coho salmon as a candidat eligible for listing under ESA. In addition, the U.S. Fish and Wildlife Service (USFWS) has designated bull trout as th eatened. The area is also included in the Pacific Recovery Region for the endangered bald eagle and is a noted forag ng area for a number of bird species. The existing shoreline throughout the project location consists of low bank I kefront. Timber and riprap bulkheads are prominent along the majority of the residential shoreline properties. Presentl , the top of the pipe is exposed above the lake bottom along much of the alignment. Covered pipe areas do not excee depth of 2 feet. The pipeline generally follows the profile of the lake bottom, most of which is less than 6 feet deep. The lakeline is installed within 40 feet of the shoreline and passes beneath most of the residential docks. A Biological Evaluation (BE), prepared by Adolfson Associates, Inc. dated March of 2001, was submitted with the project application. The BE was prepared in accordance with section 7(c) of the Endangered Species Act (ESA) and in order to facilitate coordination between the US Army Corps of Engineers, the National Marine Fisheries Service, and the United States Fish and Wildlife Service. The report analyzes potential affects to fish species and critical habitat from initial project construction and installation and placement of four pre -cast manholes. Provided the construction techniques and conservation measures described in the report are complied with, the evaluation concludes that the project is not expected to result in adverse modifications to critical habitat areas. As indicated in the study, the project warrants a determination of "may affect, and is likely to adversely affect' threatened chinook salmon species and a 101 ercrpt.doc City of Renton P/8/PW Department Environmental Review Committee Staff Report KENNYDALE LAKEFRONT SEWER IMPROVEMENTS LUA-01-161, ECF, SM REPORT AND DECISION OF JANUARY 15, 2002 Page 3 of 4 determination of "may affect, not likely to adversely affect' threatened bull trout and bald eagles species, as well as candidate coho salmon species. The evaluation lists a number of conservation measures that should be implemented to minimize potential impacts to listed and candidate species during construction. These measures include, but are not limited to, the on -call availability of a qualified biologist, on -site presence of a City representative, periodic testing for water quality, and compliance with specified construction periods as established by the WDFW. Staff further recommends that these actions be imposed as SEPA mitigation measures. The project description establishes that a hanging silt curtain would be utilized during in -water project construction in order to contain any lake bottom sediments that may be disturbed and re -suspended during construction. The curtain would be located entirely around the construction barge and manhole location. In order to ensure that the project will not create temporary adverse impacts to shoreline habitat, staff recommends the applicant be required to install the appropriate sedimentation control measures during site preparation and project construction as a SEPA mitigation measure. Mitigation Measure(s): • The applicant shall comply with the construction techniques and conservation measures described in the Biological Evaluation prepared for the project by Adolfson Associates, Inc. dated March 2001. • The applicant shall install the appropriate sedimentation control measures, including the utilization of a hanging silt curtain during in -water construction around the barge and work area, for the duration of the project. Nexus: Environmental (SEPA) Ordinance 2. Earth Impacts: A geophysical investigation, conducted by Golder Associations, Inc., was completed for the project in March of 1999. The investigation evaluated the general condition of the sewer pipeline and the adjacent lake floor. The results of the study indicate that the majority of the pipeline is buried under the lake mud and in several locations is located beneath logs, riprap, and miscellaneous debris. At other locations the pipeline appears to be suspended above the lake floor. Lake bottom soils are primarily silt and sand. No shoreline disturbance or other clearing or grading activities would be necessary for the project. However, depending on site conditions, the installation of the manholes may require either the excavation of up to 10 cubic yards of lake bottom sediment or the placement of up to 3 cubic yards of gravel bedding per manhole in order to properly align the stubs with the existing pipeline. A barge -mounted backhoe would be used if earthwork activities are required. A complete Geotechnical Report, which will address project construction and soil/structure stabilization, will be prepared as part of the final design effort for the project. In order to appropriately mitigate potential impacts to earth from the project, staff recommends the applicant be required to comply with the recommendations contained within the Geotechnical Report to be completed for the project. In addition, all project activities would be conducted between July 1511 and October 151h of 2002 within the allowed construction window established by the WDFW. Mitigation Measure(s): The applicant shall comply with the recommendations contained within the Geotechnical Report to be completed for the project. Nexus: Environmental (SEPA) Ordinance E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been circulated to City Departmental / Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM February 4, 2002. ercrpt.doc City of Renton PIBIPW Department Environmental Review Committee Staff Report KENNYDALE LAKEFRONT SEWER IMPROVEMENTS LUA-01-161, ECF, SM REPORT AND DECISION OF JANUARY 15, 2002 Page 4 of 4 Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. ercrpt.doc From: "Lykken, Jeffrey W." <jlykken@KCMINC.com> To: David Christensen <Dchristen@ci.renton.wa.us> Date: 1 /3/02 8:24AM Subject: RE: Kennydale Lakeline Project Dave: I only saw two items that concerned me. The first is in D.1, second paragraph, where we say that the "pipeline generally follows the profile of the lake bottom, most of which is less than 6 feet deep". Although this statement is correct, I wonder if it will raise concerns regarding the placement of the manholes, and potential navigation hazards that could arise. Would it make sense to add a sentence somewhere in the text saying something like "manhole placement will be designed so as to minimize navigational hazards". The second item is where we note in the document that construction activities are planned for this summer. If we are delayed because of the Corp permit, will the City permits extend sufficiently to allow construction during the summer of 2003? Jeff Lykken Tetra Tech/KCM, Inc. Phone: (206) 443-3591 Fax: (206) 443-5372 > -----Original Message ----- > From: David Christensen [SMTP:Dchristen@ci.renton.wa.us] > Sent: Wednesday, January 02, 2002 2:38 PM > To: jlykken@sea.kcminc.com > Subject: Fwd: Kennydale Lakeline Project > Jeff, > Here is Leslie's first draft on an ERC Report. Please review and let me > know if you see anything that concerns you. > Thanks, Dave C. << Message: Kennydale Lakeline Project» o1 01/03/2002 16:21 2067899658 ADOLFSON PAGE 01/06 FAX TRANSMITTAL DATE: January 3, 2002 TO: Dave Christensen COMPANY: City of Renton FROM: Benn Burke CC: Jeff Lykken FAX NUMBER: 425-430-7241 PHONE NUMBER: 425-430-7212 PROJECT NAME/NUMBER: Kennydale TOTAL NUMBER OF PAGES INCLUDING COVER: 3 ORIGINAL WILL FOLLOW BY: N/A Dave, Attached is a copy of a letter from the Corps submitted last winter. Note the dates on the has spent a lot of time in piles on somebody' The comments are extremely minor. Comm inserting some boiler plate language into the discusses this requirement is dated June 14, guess we were suppose to be clairvoyant. C maintenance, but did not identify it specificz Lykken said that he would send over a short days. It will take more time to re -copy and bind th really but just about). I will make these revi Then it will go on to NMFS for their review schedule. NMFS has a statutory mandate to have a lot of means to "stop the clock" so I timefrarne not a maximum. EyvironrnentaZ ,So%ns of Engineers regarding comments on the BA we letter and the review's comments! This application s desk. :nt #1 sounds like a big deal, but it is really just BA. Interestingly, the attached memorandum that '001, three months after we submitted the BA (I )mment #2 is a minor point. We discuss ly as an "element of the proposed action." Jeff naraeraph about the maintenance in the next few reports than it will to make these changes (not ions and send back the report to the COE ASAP. I spoke to Jeff about what this means for the :omplete their review in 135 days; however, they ould use this as a indication. for a minimum I'll send you and Jeff a copy of the revised .lA and associated correspondence when it goes out. Benn ADOLI=SON ASSOCIATES, INC. 5301 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 Tel 206 789 965� Fax 206 789 9684 01/.03/2002 16:21 2067899658 ADOLFSON PAGE 02/06 DEPARTME SEATTLE DISTRI P, SEATTLE, Wd DEC Regulatory Branch City of Renton, Utility Systems c/o Mr. David Wortman Adolfson Associates, Inc. 5309 Shilshole Avenue Northwest, Suite 2 Seattle, Washington 99107 Gentlemen: We have completed our review of the b Lakefront Sanitary Sewer, prepared by Adol was submitted as part of the Endangered Sp( maintenance located in Lake Washington at Enclosed is a Memorandum for the Rec to the BE. Please revise the BE accordingly of this letter. If we do not receive the infon request for a Department of the Army permi If you have any questions or comments at telephone (206) 764-6910 or by email at Y BE reviewer directly. As project manager, I We recommend that you do not award been made by the U.S. Army Corps of Engi Army permit is necessary for this work, do Enclosure IT OF THE ARMY CORPS OF ENGINEERS BOX 3755 HINGTON 98124-3755 8 2001 Reference: 2000-2-01573 Renton, City of )logical evaluation (BE) entitled Kennydale ;on Associates, Inc., dated March 2001. The BE :ies Act (ESA) review of the proposed sewer line .enton, Washington. Ord outlining our comments and requested revisions rid resubmit it for review within 60 days of the date ation within this timeframe, we will withdraw your cding the revisions to the BE, please contact me ,an.smith.usace.army.mll. Do not contact the coordinate with the BE reviewer as necessary. Istruction contracts until a permit decision has rs District Engineer. Since a Department of the commence construction without a permit. Sincerely, Jonathan Smith Project Manager Application Review Section 01/.03/2002 16:21 2067899658 ADOLFSON PAGE 03/06 MEMORANDUM FOR THE RECORD ( FR) CENWS-OD-RG Re: Endangered Species Biological Evaluai ion Review Reference Number: 2000-01573 Applicant's Name: City of Renton Utility Systems Project Manager: Jonathan Smith Date: August 13, 2001 We have completed our review of the Biolo ical Evaluation (BE) prepared by Adolfson Associates, Inc.. dated March 2001. for the proposed Kennydale Lakefront Sanitary Sewer in Lake Washington, King County, Washington Following are comments or requested revisi ns to the BE. Please revise the BE accordingly and resubmit. Any comments or questions on t e review shall be directed to the Regulatory Project Manager for this application. 2. Date The Magnuson -Stevens Fisl. amended by the Sustainable consult with the National M; actions, permitted, funded, c Essential Fish Habitat (EFH Please see the attached table project area. You will need to assess your impacts to EFH. Attached is assessment. Where ,possible, parts of the effects analysis a appropriate to the EFH asses the Corps will initiate consul consultation process. ry Conservation and Management Act (MSA), as isheries Act of 1996, requires all federal agencies to ine Fisheries (NMFS) on all actions, or proposed undertaken by the agency, that may adversely affect EFH for Pacific salmon occurs in the project area. :)r a list of the EFH species likely to occur in your 3rojeet to include a discussion on the potential a template developed by NMFS for the EFH refer to the BE. For example, project description, id several of the conservation measures may be ment. If the project will adversely affect EFH, then ation with NMFS in association with the ESA .Figure 2 notes include some information concerning how the new manholes will be operated to clean the line, but the Proposed Action, Section 4.0, does not include a good description, nor -is an impact analysis provided in Section 6.0, Effects of the Action. Please discuss project operation and maintenance methods and schedule in both Sectio 4.0 and 6.0. 4 UGC Zvb( Date D Cy, s M. c! e, �L ERS Staff Reviewer Env i nmental Analyst 01103/2002 16:21 2067999658 ADOLFSON PAGE 04/06 June 14, 2001 EFH ASSES$MENT TEMPLATE This template is intended to aid Federal �gencies in the preparation of EFH assessments. The Magnuson -Stevens Fishery Conser amended by the Sustainable Fisheries f procedures designed to identify, conser for those species regulated under a Fed requires Federal agencies to consult wit authorized, funded, or undertaken by thl §305(b)(2)). ation and Management Act (MSA), as ;t of 1996 (Public Law 104-267), established and enhance Essential Fish Habitat (EFH) ral fisheries management plan. The MSA NMFS on all actions, or proposed actions, agency, that may adversely affect EFH (MSA EFH means those waters and substrate riecessary to fish for spawning, breeding, feeding, or growth to maturity (MSA §3). For the purpose of interpreting this definition of EFH: Waters include aquatic areas and 1heir associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; substrat includes sediment, hard bottom, structures underlying the waters, and associated bi logical communities; necessary means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem; and "spawning, reeding, feeding, or growth to maturity" covers a species' full life cycle (50 CFR 600.10) Adverse effect means any impact which reduces quality and/or quantity of EFH, c nd may include direct (e.g., contamination or physical disruption), indirect (e.g., loss o prey or reduction in species fecundity), site - specific or habitat -wide impacts, including individual, cumulative, or synergistic consequences of actions (50 CFR 600.810). The length of the EFH Assessment can potential impacts to EFH, but all EFH Ai information: (1) a description of the pror including cumulative effects, of the prop associated species, such as major prey (3) the Federal agency's views regardin proposed mitigation, if applicable (50 CI The EFH mandate applies to all species Plan (FMP). For the Pacific West Coast covering groundfish, coastal pelagic spe agencies must consider the impact of a EFH designations and associated requirement: that "may adversely affect' EFH are in effect one fishery management plans (FMPs). The Secretai on March 3, 1999, the Coastal Pelagics FMP on September 27, 2000. ary depending on the magnitude of the essments must include the following sed action; (2) an analysis of the effects, 3ed action on EFH, the managed species, and pecies, including affected life history stages; the effects of the action on EFH; and (4) t 600.920(g)(2)). managed under a federal Fishery Management excluding Alaska), there are three FMPs, ;ies, and Pacific salmon.' Therefore, Federal iroposed action on EFH for any species for Federal agencies to consult with NMFS on actions the Secretary of Commerce approves the Federal approved the EFH provisions of the Groundfish FMP rune 8, 1999, and the Pacific coast Salmon FMP on 03./03/2002 16:21 2067899658 ADOLFSON PAGE 05/06 managed under those three FMPs. A bri f description of EFH identified in each FMP follows. Detailed descriptions are contai ed in the references following the EFH Assessment template. Groundfish: EFH for Pacific coast groundfish is defined as the aquatic habitat necessary to allow for groundfish production to support long-term sustainable fisheries for groundfish and for groundfish contributions to a healthy ecosystem. Descriptions of groundfish EFH for each of the 83 species and their life stages result in more than 400 EFH identifications. When these EFHs are taken together, the groundfish EFH includes all waters from the mean higher high water line, and the upriver extent of saltyater intrusion in river mouths, along the coasts of Washington, Oregon and California seaward to the boundary of the U.S. EEZ. Coastal pelagic species: Amend Management Plan describes the I Northern anchovy, Pacific sardine market squid. These four finfish a complex because of similarities in EFH for coastal pelagic species i< boundary of EFH for CPS is defin the shoreline along the coasts of the limits of the EEZ and above tl' range between 10°— 26° C. The sc boundary. The northern boundary of the 10- C isotherm, which varie Pacific salmon - chinook, coho, a� Pacific coast salmon fishery meal salmon production needed to sup salmon contributions to a healthy EFH includes all those streams, I. viable water bodies and most of tl Washington, Oregon, Idaho, and salmon EFH extends from the ne, within state territorial waters out ti (370.4 km) offshore of Washingto Conception. Freshwater EFH for lakes, ponds, wetlands, and other accessible to salmon in Washingt upstream of certain impassable rr and longstanding, naturally -imps: existence for several hundred yes ent 8 to The Coastal Pelagic Species Fishery abitat requirements of five pelagic species: Pacific (chub) mackerel, jack mackerel and id market squid are treated as a single species their life histories and habitat requirements. defined as: The east -west geographic >d to be all marine and estuarine waters from ;alifornia, Oregon and Washington offshore to e thermocline where sea surface temperatures uthern boundary is the U.S.-Mexico maritime is more dynamic, and is defined as the position seasonally and annually. d Puget Sound pink salmon: EFH for the s those waters and substrate necessary for )ort a long-term sustainable salmon fishery and =system. To achieve that level of production, kes, ponds, wetlands, and other currently e habitat historically accessible to salmon in ;alifornia. In the estuarine and marine areas, rshore and tidal submerged environments the full extent of the exclusive economic zone i, Oregon, and California north of Point 'acific salmon includes all those streams, water bodies currently, or historically in, Oregon, Idaho, and California, except areas an -made barriers (as identified by the PFMC), able barriers (i.e., natural waterfalls in rs). This template is intended only as a guido to preparing an EFH assessment, and can be modified as appropriate. The text in red io taken from an example and must be modified to fit the proposed action. The text in bolo blue is explanatory, and should be removed 01,/03/2002 16:21 2067899658 ADOLFSON PAGE 06/06 from the final product. NMFS national g jidelines for integrating ESA and EFH consultations and additional guidance on level of effect determinations is located at: 1. habcod/habweb/msa.htm The information prepared by the Fede consultation under the Endangered S serve as the EFH assessment if it incl assessment (50 CFR 600.920(g)), so tl situations where there is partial overl; and ESA -listed species/critical habita- agency for the ESA consultation can species that are both managed and Ii! necessary to evaluate potential adver if the action may adversely affect the species, the Federal action agency sh information to NMFS along with its bii effects to listed species and critical h, section of the same document, or as combined EFH and ESA review. -al action agency for an informal or formal aecies Act (ESA) (50 CFR 402.14) may also ides all the components required in an EFH at no separate analysis is necessary. In ip between EFH of MSA-managed species , information prepared by the Federal action erve as the EFH assessment for the ted, but a separate EFH assessment is ;e effects on EFH for any non -listed species .FH for those species. For non -listed Auld provide the EFH assessment illogical assessment (BA) or analysis of ibitat, either as a discrete clearly labeled separate EFH assessment, to facilitate The Pacific Fisheries Management Council has issued descriptions of EFH for the species regulated under three Federal fisheries management plans: groundfish, coastal pelagic species, and Pacific s lmon_ �A DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Calculations, Survey, ......... ....... .......... . ... ........ .................... I .......... ........... .. .... ..... .. ...... .............. ...... .. ... .... . ........ .. .................. .:: .. ... . .. ... ....... ... x X ............ ....... % ..... .. .. WX ": " x .............. I ............. X..." ' ' " ................. ................ . . .......... . ........... ............ W .. ... . ......... .......... X ............ ................ . . . ..... *" ................ ...... 4% Drainage Control Plan 2 Pevations, Architectural 3AND 4 1 /X � I I I This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: -K�N-qi>A-u—= s.GV�/F� DATE: 10 �ja-cv I h:\division.s\develop.ser\dev.plan.ing\waiver.xls REVISED 5/17/00 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section KEN N`t Z)AtiE 5S�� PROJECT NAME: (iPN� Fi�/IN DATE: !'D T h-\division.s\develop.ser\dev.plan.ing\waiver.xls REVISED 5/17/00 COMPLETE APPLICATION REQUIRED: The City will not accept an application that does not have all of the required items. In order to accept your application, each of the following must be submitted at the same time. If you have received a prior, written waiver of a submittal item(s) during a preapplication meeting, please provide this form in lieu of any submittal item not provided. APPLICATION TIMES: All applicants are encouraged to bring in one copy of the application package for informal review by staff prior to formal application and fee payment in order to ensure the application is complete. This should be done prior to making the requested number of copies. Applications will be accepted at the 6th floor counter of the Renton Municipal Building, 1055 South Grady Way, between 8:00 A.M. and 4:00 P.M. Monday through Friday. No appointment is necessary. Please allow for 20 to 30 minutes for application screening. Due to the screening time required, applications delivered by messenger cannot be accepted. EARLY CONSULTATION: Prior to submitting an application, the applicant should informally discuss the proposed development with the Development Services Division. The Development Services Division will provide assistance and detailed information on the City's land use requirements and standards. For further information on this project, see the instruction sheet entitled "Submittal Requirements for Preliminary Project Review." PURPOSE: The purpose of shoreline permit application review is to ensure that proposed shorelines development is consistent with the goals and policies of the Shoreline Master Program. APPLICATION MATERIALS: 1.Land Use Permit Master Application: Please provide the original plus eleven (11) copies (12 total) of the COMPLETED Master *Application form. Application must have notarized signatures of ALL current property owners listed on the Title Report. The legal description of the property must be listed on the application form. If the legal description references any other recorded documents (i.e. easements, public use dedications, restrictive covenants) five (5) copies of the referenced recorded documents must also be provided. 2. Environmental Checklist: Please provide twelve (12) copies of the Environmental Checklist. If a l particular question on the checklist does not apply, please do not leave it blank. Fill in the space with "Not Applicable". Shoreline Substantial Development Permit I' 0 C- Mailing Labels: Please submit two (2) sets of self-adhesive mailing labels including the name, mailing address, and King County Assessor's account numbers for all property owners within three hundred feet (300') of the boundaries of the subject site. DO NOT provide envelopes, metered postage or stamps. The Development Services Division will provide these items, although postage is paid by the applicant. List of Surrounding Property Owners: Please submit two (2) copies of a signed and notarized City of Renton Development Services Division "List of Surrounding Property Owners" form listing all current property owners and their mailing addresses and King County Assessor's account numbers within three hundred feet (300') of the boundaries of the subject site as obtained from a Title Company or the King County Assessor's Office. The list shall include a notarized statement attesting that the ownership information provided is current and accurate. Current shall mean obtained within the past thirty (30) days unless otherwise approved by the Development Services Division. Fees: The application must be accompanied by the required application fee (see Fee Schedule) and first class postage rate per mailing label. Please DO NOT provide metered postage or stamps. Please call (425) 430-7294 to verify the exact amount required. We cannot accept checks for over the total fee amount. Preapplication Meeting Summary (if applicable): If the application was review at a "preapplication meeting" and a written summary was provided to you, please provide five (5) copies of the summary. 7. Project Narrative: Please provide twelve (12) copies of a clear and concise description and summary of the proposed project, including the following: • Project name, size and location of site; • Zoning designation of the site and adjacent properties; • Current use of the site and any existing improvements; • Special site features (i.e. wetlands, water bodies, steep slopes); • Statement addressing soil type and drainage conditions; • Proposed use of the property and scope of the proposed development (i.e. height, square footage, lot coverage, parking, access, etc.); • Proposed off -site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.); • Total estimated construction cost and estimated fair market value of the proposed project; • Estimated quantities and type of materials involved if any fill or excavation is proposed; • Number, type and size of trees to be removed; • Explanation of any land to be dedicated to the City; • Any proposed job shacks, sales trailers, and/or model homes; Name of water area and/or wetlands within which development is proposed; Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any.); • In the event that any of the proposed buildings or structures will exceed a height of thirty- five feet (35') above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view; and, • If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of variance, from which the variance is being sought. Shoreline Substantial Development Permit 8. Construction Mitigation Description (if applicable): Please provide five (5) copies of a written narrative addressing each of the following: • Proposed construction dates (begin and end dates); • Hours of operation; • Proposed hauling/transportation routes; Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics; • Any specialty hours proposed for construction or hauling (i.e. weekends, late nights); and, • Preliminary traffic control plan. 9. Neighborhood Detail Map: Please provide twelve (12) copies of a map drawn at a scale of one inch equals one hundred. feet (1" = 100') or one inch equals two hundred feet (1" = 200') (or other j� scale approved by the De velopmentServices Division Director). This map shall show the location VV of the subject site relative to. the property boundaries of the surrounding parcels within approximately one thousand feet, (1,000'), or approximately two thousand five hundred feet (2,500') for properties over five-(5) acres; 'and identifying the subject site with a darker perimeter line than that of surrounding properties. This map will be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall also show: the property's lot lines, existing land uses, building outlines, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Kroll Map Company (206 448-6277) produces maps that may serve this purpose or you may use the King County Assessor's maps as a base for the Neighborhood Detail Map. Additional information (i.e. land uses and building outlines for adjacent sites) will need to be added by the applicant. 10. Site Plan: Please provide eleven (11) copies of a fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20) (or other scale approved by the Development Services Division Director). We prefer that the site plan be drawn on ONE sheet of paper unless the size of the site requires that several plan sheets be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: • Name of proposed project; • Date, scale, and north arrow (oriented to the top of the paper/plan sheet); • Drawing of the subject property with all property lines dimensioned and names of adjacent streets; • Widths of all adjacent streets and alleys; • Location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage; • Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing on -site trees, existing or proposed fencing or retaining walls, free- standing signs, easements, refuse and recycling areas, free-standing lighting fixtures, utility junction boxes, public utility transformers, storage areas, job shacks/sales trailers/model homes, buffer areas, open spaces, and landscaped areas; • The location and dimensions of natural features such as streams, lakes, marshes and wetlands; • Ordinary high water mark, existing and proposed; 0 q w M �-�, Shoreline Substantial Development Permit 10. Site Plan (continued): • Name of water body; and, For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the U Total square footage of the site; Square footage (by floor and overall total) of each individual building and/or use; Total square footage of all buildings (footprint or each building); Total impervious surfacing (pavement, etc.). List the square footage of both existing impervious to remain plus new impervious to be installed, and total square footage of parking areas; Percentage of lot coverage; • Square footage of all landscaping (total, parking lot, and existing wildlife habitat/undeveloped area); • Square footage of any on -site wetlands and/or slopes greater than 40 percent; • Allowable and proposed building height, Building setbacks required by Code (N,S,E,W); Proposed building setbacks (N,S,E,W); Parking analysis, including: Number of stalls required by Code (if more than one use/ratio show required number for each use); • Total number of stalls proposed (if less or more than total number N// X required by Code, also attach a request for a parking modification to the application package); • Size of various types of stalls proposed; • Angles of stalls (if other than 90 degree); • Location and number of "ADA accessible", compact, employee and/or guest parking stalls, and parking space dimensions; • Location and size of curb cuts; Traffic and flow within the parking, loading, and maneuvering areas and ingress and egress; Location of wheel stops; Loading space(s)—Location and dimensions; Number of stacking space(s) for any drive -up windows; and, Location and dimensions of bicycle racks, bus shelters, carpool parking spaces, and other facilities designed to accommodate access to the site. Architectural Elevations: Please provide, for each building elevation (N,S,E,W), twelve (12) 1_) copies of a twenty four inch by thirty six inch (24" x 36") fully dimensioned architectural elevation plan drawn at a scale of one-fourth inch equals one foot (1/4" = V) or one -eighth inch equals one foot (1/8" = V) (or other size or scale approved by the Development Services Division). The plans must clearly indicate the information required by the "Permits" section of the currently adopted Uniform Building Code and RCW 19.27 (State Building Code Act, Statewide amendments), including, but not limited to the following: Identify building elevations by street name (if applicable) and orientation i.e. Burnett Ave. (west) elevations; Existing and proposed ground elevations; Existing average grade level underneath proposed structure; Shoreline Substantial Development Permit • Height of existing and proposed structures showing finished roof top elevations based upon site elevations for proposed structures and any existing/abutting structures; • Building materials and colors including roof, walls, any wireless communication facilities, and enclosures; • Fence or retaining wall materials, colors, and architectural design; • Architectural design of on -site lighting fixtures; and, • Cross section of roof showing location and height of roof -top equipment (include air conditioners, compressors, etc.) and proposed screening. Grading Elevations: Please provide twelve (12) copies of a topography map showing existing contours and proposed changes in elevations. Plans shall be required if the grades on site exceed twenty percent (20%) or in the amount of earth to be disturbed exceeds five hundred (500) cubic yards. The plan shall detail the type of materials comprising the proposed .fill or / extraction (in tons and cubic yards). For extractions, identify the disposal site. t Utilities Plan, Generalized (sewer, water, stormwater, transportation improvements): Please provide five (5) copies of a plan drawn on twenty two inch by thirty four inch (22" x 34") plan sheets using a graphic scale of one inch equals forty feet (1" = 40') (or other size or scale approved by the Development Services Division Plan Review Supervisor) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, refuse areas, free-standing lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall be shown. Drainage Control Plan (except when waived by Plan Review Section): Please provide five (5) copies of a plan drawn to scale and stamped by a Washington State licensed engineer complying N/ with the requirements of Renton Municipal Code, Section 4-6-030 and the King County Surface Water Management Design Manual as adopted by the City of Renton. 1 Drainage Report (except when waived or modified by Plan Review Section): Please provide four (4) copies of a report complying with the requirements of the City of Renton Drafting Standards, Section 4-6-030 of the City of Renton Municipal Code and the King County Surface N/t Water Design Manual (KCSWDM), 1990 edition, as adopted by the City of Renton. The report must contain the following: • The stamp and signature of a Washington State licensed professional engineer; • Complete Technical Information Report (TIR) Worksheet; • A description of the existing and proposed on -site drainage features and the construction required; • Core and Special Requirements: • Show xhat Core Requirements 1 - 5 in Section 1.2 of KCSWDM are addressed; • Show that all Special Requirements in Section 1.3 of KCSWDM, that are applicable to this project, are addressed; • Use the SBUH/SCS hydrograph method to compute required on -site detention using 2, 10, and 100 24-hour design storm events for pre -developed and post -developed conditions (6 separate peak flows); • Biofiltration preliminary and conceptual design calculations (per Section 4.6), if for project site sub -basins with more than 5000 square feet of new impervious area subject to vehicular use or storage of chemicals; Shoreline Substantial Development Permit Wet pond sizing preliminary and conceptual design calculations (if there is more than one (1) acre of new paved impervious area and meets other conditions of Special Requirement #5); and, A Level 1 Off -Site Analysis, as described in Core Requirement #2. (Level 2 or 3 analysis may be requested later if a downstream problem is found or anticipated from review of the initial submittal of the Drainage report). 06 Geotechnical Report (except when waived by Plan Review Section): Please provide five (5) copies of a study prepared and stamped by a licensed pro7ther including soils and slope stability analysis, boring and test pit logs, and recommendpe setbacks, foundation design, retaining wall design, material selection, and inent elements. Fill Source Statement: (Required only for projects located within an Aquifer Pron Area): Unless exempt by RMC 4-8-120f, if the project will involve stockpiling or grading of imported fill at the project site in excess or 50 cubic yards in APA Zone 1 or 100 cubic yards in APA Zone 2, please provide five (5) copies of a "source statement" certified by a professional engineer licensed in the State of Washington. A source statement, as defined in RMC 4-8-120D19, shall be required for each source location from which imported fill will be obtained. If the project is located within an Aquifer Protection Area but no fill is planned for the site, please state this in the "Project Narrative". However, if you do not know the source of the fill at this stage, you will be required to provide this information at the time of building or construction permit application. Flood Plain Map (if applicable): Please provide twelve (12) copies. �9! Wetlands Delineation Map and Wetlands Classification Study: (Required if ANY wetlands are located on the subject property or within 100' feet of the subject property.) Please provide twelve (12) copies of the map and five (5) copies of the study. The study shall include an analysis of the type and extent of wetlands prepared by a wetland specialist based upon a field investigation using the procedures found in the 1987 Federal Interagency Committee for Wetland Delineation Federal Manual for Identifying and Delineating Jurisdictional Wetlands or later adopted identification and delineation methodology. Landscaping Plan, Conceptual: Please provide five (5) copies of a fully dimensioned plan drawn at the same scale as the project site plan (or other scale approved by the Development Services Division), clearly indicating the following: / • Date, graphic scale, and north arrow; • Location of proposed buildings, parking areas, and access and existing buildings to remain; • Names and locations of abutting streets and public improvements, including easements; • Existing and proposed contours at five foot (T) intervals or less; • Location and size of planting areas; • Location and height of proposed berming; • Location and elevations for any proposed landscape -related structures such as arbors, gazebos, fencing, etc.; and, • Location, size,,spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities. Shoreline Substantial Development Permit 2 Floor Plans: Please provide five (5) copies of a basic line drawing plan of the general building layout showing walls, exits and designated uses indicating the proposed locations of kitchens, baths and floor drains, with sufficient detail for City staff to determine if an oiltwater separator or grease interceptor is required and to determine sizing of side sewer. Floor plans are not required for speculative construction projects. If you do not provide floor plans, your project narrative must state that the project is a "speculative" project. 19- Tree Cutting/Land Clearing (tree inventory) Plan: This is required if ANY trees or vegetation are to be removed or altered (if no trees or vegetation will be altered, please state so in your project narrative). Please provide four (4) copies of a plan, based on finished grade, drawn to scale with the northern property line at the top of the paper clearly showing the following: All property boundaries and adjacent streets; • Location of all areas proposed to be cleared; • Types and sizes of vegetation to be removed, altered or retained. This requirement applies only to trees, six inch (6") caliper, "at chest level", and larger; • Future building sites and drip lines of any trees which will overhang/overlap a construction line; • Location and dimensions of rights -of -way, utility lines, and easements; and, • Any trees on neighboring properties which are within 25 feet of the subject property and which may be impacted by excavation, grading or other improvements. Traffic Study: Please provide five (5) copies of a report prepared by a State of Washington licensed engineer containing the elements and information identified in the City of Rentoh "Policy Guidelines for Traffic Impact Analysis of New Development" in sufficient detail to define potential problems related to the proposed development and identify the improvements necessary to accommodate the development in a safe and efficient manner. 2 Screening Detail, Refuse/Recycling (Elevation): Please provide twelve (12) copies of a detailed plan drawing, prepared to scale, showing heights, elevations and building materials of proposed screening and/or of proposed plantings. IN Shoreline Substantial Development Permit 26. Colored Display Maps: (Folded to 8 1/2" by 11".) DO NOT MOUNT ON FOAM -CORE OR OTHER BACKING. Please color one (1) copy of each of the following full size plan (24" x 36" or other size approved) sheets with a wide (1/4" or larger) felt tip marker for use in presenting your project to the Environmental Review Committee and Hearing Examiner: • Neighborhood Detail Map; • Site Plan; and, F(Vf%1Z The following colors are recommended: Red North Arrow, outer property boundary. Proposed new lot lines (dashed). Do not color existing lot lines which are to be eliminated or relocated. Black Street names identified with lettering of at least one inch (1") in height. Street names must be legible at a distance of fifteen feet (15'). Tan Existing buildings (Please do not color buildings which will be demolished or removed.) Yellow Proposed buildings Lt. Green Landscaped areas Dk. Green Areas of undisturbed vegetation Conditional Use/Variance Requirements: If the application requires a conditional use permit or variance, you must also attach the additional submittals required for these applications (see the submittal requirement instruction sheets for shoreline variances conditional uses available at the Development Services counter and Sections 8.01 through 8.04 of the City Shoreline Management Program). Additional review fees are also required (see fee schedule). If applying for a shoreline variance, please list the code sections from which you wish to vary. REVIEW PROCEDURE FOR SHORELINE DEVELOPMENTS NOT INVOLVING VARIANCES OR CONDITIONAL USE PERMITS: Once the City has mailed out notices to property owners within 300' of the site and puts up posters, interested parties have fourteen (14) days to comment on the proposed development. During this time City staff reviews the proposal. Once the initial fourteen (14) day comment period has passed, the Development Services Division will schedule the project for Environmental Review Committee. After the environmental determination is made and the fourteen to twenty nine (14-29) day comment/appeal period(s) have expired, the Planning/Building/Public Works Department will issue a decision to approve or deny the permit. The decision will be mailed to the State of Washington Department of Ecology. After receipt of the decision, the Department of Ecology commences a twenty one (21) day review period during which appeals can be made. If no appeals are filed during this twenty one (21) day period, the project is eligible to receive a building permit (provided the plans and application are acceptable to the Building Section). Shoreline Substantial Development Permit REVIEW PROCEDURE FOR SHORELINE DEVELOPMENTS WHICH REQUIRE VARIANCES AND/OR CONDITIONAL USE PERMITS: A shoreline substantial development permit application requiring a variance and/or conditional use permit follows the same process as a normal shoreline substantial development permit up through the environmental determination stage. However, the application is then forwarded on the City Hearing Examiner for public hearing and a final determination instead of receiving an administrative decision from Development Services staff. The determination of the Examiner is then forwarded to the State Attorney General's State Department of Ecology for final approval or denial. If the Department of Ecology and/or Attorney General do not object to the Examiner's determination within thirty (30) days, the Examiner's decision will become final. APPEAL PROCESS FOR ADMINISTRATIVE DECISIONS ON SHORELINE DEVELOPMENTS NOT INVOLVING VARIANCES OR CONDITIONAL USE PERMITS: Any person, including the applicant, aggrieved by the granting or denial of a Shoreline Substantial Development Permit has fourteen (14) days to appeal the decision (in writing) to the City Hearing Examiner. The appeal must be submitted in accordance with Section 4-8-110 of the Renton Municipal Code. APPEAL PROCESS FOR HEARING EXAMINER DECISIONS ON SHORELINE VARIANCES, CONDITIONAL USE PERMITS OR APPEALS OF ADMINISTRATIVE DECISIONS: Any person, including the applicant, aggrieved by the granting or denial of a Shoreline Substantial Development Permit/Conditional Use/Variance may appeal the decision within thirty (30) days to the State Shorelines Hearings Board (as provided by Section 18(1) of the State Shorelines Management Act of 1971). The applicant must concurrently file copies of the appeal with the State Department of Ecology, the State Attorney General's office, the City of Renton Planning/Building/Public Works Department and the City Clerk. Either the Department of Ecology or the Attorney General must certify the appeal request as valid in order for the review to continue. Certification must be given within thirty (30) days. If the request is certified, the Hearings Board conducts a review and sustains or overturns the decision of the City of Renton. Any party who fails to obtain certification or is aggrieved by the decision of the Hearings Board may appeal to the Superior Court. DEFERRAL OF IMPROVEMENTS: If a developer wishes to defer certain on -site improvements, written application shall be made to the Board of Public Works stating the reasons why such delay is necessary. If approval is granted, a performance bond or certified check shall be furnished to the City in an amount equal to a minimum of 150 percent of the estimated cost of the required improvements. EXPIRATION OF SHORELINE PERMIT: An approved Shoreline Substantial Development Permit and/or Shoreline Conditional Use Permit and/or Shoreline Variance shall expire, becoming null and void, two (2) years from the effective date of the Shoreline Permit/Conditional Use/Variance unless construction activities have commenced. . Where no construction activities are involved, the use or activity shall be commenced within two (2) years of the effective date of a substantial development permit. The effective date of a substantial development permit shall be the date of the last action required on the substantial development permit and all other government permits and approvals for the development that authorize the development to proceed, including all administrative and legal actions on any permits or approvals. 9 Shoreline Substantial Development Permit A greater length of time may be approved by the City at the time of permit issuance upon finding of good cause. However, actual construction of the project must be completed within five (5) years of the effective date of the Shoreline Permit approval. EXTENSION OF SHORELINE PERMIT APPROVAL: The City of Renton may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the State Department of Ecology. EXPIRATION OF BUILDING PERMIT: Authorization to conduct construction activities shall terminate five (5) years after the effective date of a substantial development permit. However, the City may authorize single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the department. SHORAPP.DOC REVISED 12/00 10 ♦; Poticy &Strategy. OPERATE UTILITIES IN A RESPONSIVE AND FISCALLY SOUND MANNER ♦ Utility rate studies shall be conducted at least every five years to update assumptions and ensure the long-term solvency and viability of City utilities. The Comprehensive Plan update addressed rate and financial policy �• issues and a rate study is not proposed for 2001. In lieu of a rate study, an augmented annual rate review was conducted. The City ensures o each debt service fund has .cash balances of 1.5 times annual debt i service payments for debt service coverage. ♦ Utility rates should be reviewed annually and adjusted, if necessary, to reflect inflation, construction goals, maintain bond covenants, and avoid major periodic increases. Water, wastewater (sewer), surface water (storm drainage), and garbage rates are adjusted as required. The 2001 rate increase for Renton services are as follows: water - 0 percent, wastewater - 0 percent, surface water - 3 percent, and garbage rates at 5 percent for all customer classes. ♦ The cost of utility contractual services over which the City has no control shall be passed through to ratepayers in a manner consistent with Council direction. Current practice. King County/Metro, tipping fees, and hazardous waste charges are handled in this manner. Tipping fees are not projected to increase until 2003. ♦ Rates for the Waterworks Utility shall include an annual capital contribution equal to 1.5 percent of net assets. This was a policy set forth in the 1989 Water/Sewer/Storm rate study. Actual transfers are based on the amount of excess fund balance available. ♦ Fund balances in enterprise funds shall be maintained at levels established through rate studies, or at levels equal to a target of 5 days, with a minimum of 30 days, of OEM expenses which are necessary to meet operating, c pital, and contingency requirements. Current practice. ♦ Excess fund balances shall be used to off -set rate increases where possible, with any remaining balances being used for approved capital purposes. Current practice. 1-14 Sent by: KCM Facsimile Transmission Date: To: c: 2064435372; 08/07/01 10:35AM;Jeffm #688;Pace 1/4 Tetra TechIKCM, Inc. MUwD& , ",V_& Sent To Name Company Phone # Fax # Dave Christensen CitV of Renton 425430-7212 425-430-7241 X Jennifer Toth Henni City of Renton 425-430-7286 425-430-7300 Bonn Burke Adolfson Assoc., Inc. 206-789-9658 206-789-9684 1 X From: Name: Office: Project No./Name: Doug Wright, Tk1KCM Central Files (2-2) Jeff Lykken, 206443-3591 Seattle 2830120 Kennydale Lakefront Sewer Replacement — phase II No. of Pages (inc. cover): 4 If transmission is not complete, please call Receptionist at (206) 443-5300 Attached are mceting minutes from our August 1" meeting. Jeff Tetra Tech/KCM, Inc. • 1917 First Avenue * Seattle, WA 99101-1027 • Tel 206 443-5300 9 Fax 206 443-537Z Sent by: KCM 2064435372; 08/07/01 10:37AM;Jet�#688;Page 2/4 Meeting Minutes Tetra TecblKCM, Inc. Date of Meeting: August 1, 2001 Project No.: 2030051-001 Project Name: City of Renton Kennydale Lakeline — Phase 2 Subject: Progress Meeting In Attendance: Dave Christensen, Renton Lys Hornsby, Benton Leslie Betlach, Renton Lesley Nishihira, Renton Bill Rassmussan, Renton Jeff Lykken, Tt/KCM Doug Wright, Tt/KCM Benn Burke, AAI Alex Ottley, AAI Minutes Prepared by: Jeff Llykken C. Attendees, Central Files (2-4) The purpose of this meeting was to review the effort to date and discuss several scope changes that the City is requesting. Issues discussed are as follows: ITEM ACTION 1. Permitting status was reviewed. There has been no response from the AAI Corp regarding review of the biological evaluation. They did not respond to the City's letter dated May 29, 2001. Benn will follow up with a request for a meeting. 2. The issue of staging construction from Gene Coulon Park was discussed. Tt/KCM Leahe is concerned about disruption and damage to the park that could occur due to the staging activities. Damage to the boat ramps from a vactor truck accessing a barge at the site is a concern. Jeff will talk to some contractors about options that may not require use of the park. Jeff and Dave will prepare a proposal for park staging that Leslie can review after the contractor discussions. S. The City may own two waterfront parcels within the project area that Renton could be used for staging. Dave will check on the status of the parcels. 4. Construction work in front of Kennydale Beach Park or staging work HWA from Gene Coulon Park cannot occur before labor day. Since the required construction duration within the lake is limited, this should not present a schedule problem. Tetra Tech/KCM, Inc. • 1917 First Avenue • Seattle, WA 98101-1027 • Tel 206 443-6300 • Fax 206 443-6372 Sent by: KCM 2064435372; 08/07/01 10:37AM;Jgff" #688;Page 3/4 Kennydale Lakefront Sewer Replacement Project —Phase, It MEETING MINUTES (continued) Job No 2030051 August 1, 2001 5. Dave would like Tt/KCM to provide a scope of services and fee estimate TtIKCM/ to rehabilitate the flush station. Dave and Jeff will have a meeting with Renton City operations and maintenance staff before the scoping effort begins to discuss rehabilitation requirements. Flush station items that will have to be addressed include the following: —Increasing flushing rates to increase the velocity through the lakeline. —Addition of a stand-by pump. — Rehabilitation of the existing wetwell. — Abandoning one of the two lake inlet pipes. — Providing contingency of switching water source from Take Washington water to City water. 6. Benn did not feel that adding the flush station work to the construction Tt/KCM documents would cause a setback in the permitting work done to date. There are not critical habitat issues related to the flush station work that would concern the Corp or NMFS. We will wait to discuss the new flush station work with the Corp until after the initial review of the biological evaluation. One issue that could come up is the water rights associated with drawing lake water for the flush station. The flush station work will be included in the SEPA Checklist. 7. Jeff and Lesley will meet to discuss required attachments for the City Tt/KCM/ permits. Some of the attachments listed in the application package can Renton be waived because they do not apply. Some of the figures from the predesign report can be used with some slight modifications. 8. The failing seawall at K.ennydale Beach Park was discussed. Tt/KCM Tt/KCM will contract directly with Renton Parks to perform the evaluation work that was scoped about a year ago. The proposal will be revised to reflect current rates. 9. The seawall evaluation needs to address both the cement concrete wall in front of the swimming area and the concrete rubble wall south of the bathhouse. 10. Bill noted that the sewer line from the park extending in a southwesterly direction to the lakeline is exposed along the lake bottom at the rubble seawall. Bill noted that we should consider re-routing this line and relocating the manhole at the park as part of the lakeline project. 11. Addressing the seawall project as part of the lakeline permitting effort AAI Page 2 Sent by: KCM 2064435372; 08/07/01 10:38AM;Jet�#688;Paae 4/4 Kennydale Lakefront Sewer Replae vent Project — Phase II MEETING MINUTES (continued) Job No.: 2030051 August 1, 2001 was discussed. Benn thought that addressing the seawall repair could set back the permitting effort for the lakeline. The seawall repair will have to address habitat issues such as beach spawning areas that have not been addressed in the biological evaluation. Benn will broach the subject with the Corp when a meeting is set up to get their take on the additional impacts. Page 3 CITY OF RENTON KENNYDALE LAKEFRONT SEWER REPLACEMENT PROJECT PHASE II - DESIGN PROGRESS MEETING August 1, 2001 I. Project Overview • Predesign Alternatives Analysis • Recommended Alternative II. Permit Status • Corp 404/Section 10 • Biological Assessment/Section 7 Consultation • 401 Water Quality Certification • Coastal Zone Management Certification • Hydraulic Project Approval • SEPA Checklist • Shorelines Substantial Development • Clearing and Grading • Aquatic Land Lease III. Construction Restrictions • Fisheries Window • Allowable Window for Working in Parks IV. Design Status • Schedule • Pending Pre -application Meeting with Corp V. Flush Station Upgrades • Scope of Upgrade • Integration with Lakeline Repairs VI. Kennydale Beach Bulkhead Repair • 6/30/00 Scope of Work • Permitting Issues • Integration with Lakeline Repairs VII. Outstanding Questions and Issues REQUIRED PERMITS FOR KENNYDALE SEWER LINE REPLACEMENT PROJECT Permit Responsible Agency Status Notes 404/Section 10 Permit U.S. Army Corps of Application submitted December Corps has determined that the project qualifies for a Nationwide Engineers 2000. Corps has completed 12 permit. Adolfson notified in January 2001 that permit review preliminary review. will begin once BA consultation process is completed. Biological U.S. Army Corps of BA submitted to Corps in January Corps has indicated that review may take several months. Formal Assessment/Section 7 Engineers/ 2001. Corps review still pending. consultation with NMFS and USFWS also likely required. Consultation NMFS, USFWS Letter sent by City requesting Corp to review. BA not yet reviewed by NMFS/USFWS 401 Water Quality Washington Not yet reviewed. No other submittals necessary. Ecology will review 404 permit Certification Department of and issue 401 certification concurrent with Corps review process. Ecology Coastal Zone Ecology and/or Corps Not yet reviewed. No other submittals necessary. Ecology will review certification Management concurrent with Corps review process. Certification Hydraulic Project Washington JARPA complete. Not yet Pending SEPA determination by city. SEPA must be completed Approval (HPA) Department of Fish submitted. prior to WDFW issuance of HPA. Larry Fisher is being contacted and Wildlife to inform him of the status of the 2roject. SEPA Checklist City of Renton Checklist:completed and ready for Larry Fisher w/ Fish and Wildlife has reviewed and commented submission to City. on draft SEPA Checklist. Shoreline Substantial City of Renton Pending SEPA determination by city. SEPA must be completed prior to application review. Development Permit Clearing and Grading City of Renton Not required per 5/17/01 meeting Permit with the City. Aquatic Land Lease Washington JARPA complete. Unlikely that A letter will be sent to DNR to verify no lease is required. Department of lease will be required. Natural Resources DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 O�'TfO 3>A7CS Oi P�,4 Q • • Regulatory Branch City of Renton, Utility Systems c/o Mr. David Wortman Adolfson Associates 5309 Shilshole Avenue Northwest, Suite 200 Seattle, Washington 98107 Dear Mr. Wortman: - G 2001 Reference: 2000-2-015 i 3 Renton, City of I have reviewed the above referenced permit application to install four manholes along an existing 8-inch diameter, 4,700-foot long sewer line. The sewer line site is located in Lake Washington at Renton, Washington. Your project appears to qualify for Nationwide Permit (NWP)12, "Utility Line Activities" (Federal Register, March 9, 2000, Vol. 65, No. 47). However, because your project does not meet the requirements set forth in General Condition 11 (Endangered Species) of the NWP's, your permit is not yet valid (see enclosure). Therefore, no work may be performed anywhere in the project area until you have received a final verification letter from our office. In addition, no work may be performed until you receive a 401 Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response from the Washington State Department of Ecology (Ecology). Ecology cannot begin its formal 401 WQC and CZM Consistency Response review of your project until the ESA requirements are satisfied. As soon as I receive, review, and coordinate your bioiogicai evaivation, you will receive a final verification letter from our office. If you have any questions, please contact me at the above address or by telephone at (206) 764-6910. Sincerely, Jonathan Smith Project Manager Enclosure General Condition 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot_res/esahome.html, respectively. ON / % A D O L F S O N. December 14, 2000 Emironmenrd SoiuLions U.S. Army Corps of Engineers Regulatory Branch CENPS-OP-RG Federal Center South 4735 E. Marginal Way South Seattle, Washington 98134-2385 Subject: Permit Application for City of Renton Kennydale Lakefront Sewer Project Dear Colleague: Please find enclosed a Joint Aquatic Resources Permit Application (JARPA) form for a project proposed by the City. of Renton. The proposed project is to construct four manholes for maintenance access to the existing 8-inch diameter Kennydale lakefront sanitary sewer pipeline. The City currently operates.the sewer pipeline, which serves 52 single-family homes in the Kennydale area. The sewer line was originally constructed in 1972 within Lake Washington; most of the line was installed within 40 feet of the shoreline. Over the years of operation, portions of the sewer pipeline have sagged, creating low areas within the pipeline where material collects and reduces the efficiency of the facility. This condition has created the need to conduct periodic cleaning of the pipeline. Unfortunately, the original sewer pipeline was not constructed with access points to facilitate this needed maintenance. The proposed project is described in greater detail in the enclosed JARPA. In summary, the City of Renton proposes to construct four manholes to allow access to the sewer line to conduct maintenance. The manholes will be accessed by steel access shafts that will be installed prior to each cleaning and removed immediately after cleaning is complete. While the steel access shafts will be temporary, each manhole will remain in place. Manholes will be constructed on a small concrete base, which will also remain permanently in place. The enclosed JARPA form includes a series of black and white 8.5-inch by 11-inch figures for use during the notification process. We are also enclosing larger color copies of the same figures along with an excerpt from the project Pre -design Report prepared by Tetra Tech/KCM to provide additional background information. We understand that a Biological Evaluation (BE) will also be necessary for this project. We are currently working with the City and project engineers to complete the BE and will be submitting this to you shortly. On behalf of the City of Renton, please do not hesitate to contact me at any time if you have questions regarding the permit application, the enclosed the figures, or the Pre -design Report. I can be reached at (206) 789-9658 or by email at dwortman@adolfson.com. Sin rely, A of son srs�, ciates, Inc. W Dave Wortman Planning Program Manager Enclosures: JARPA for Kennydale Lakefront Sewer Project Color Figures Excerpts from Pre -design Report ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 7i 206 789 9658 jaK 206 789 9684 adoYmO.doiymmn bm AGENCY USE ONLY Agency Reference #: Date Received: Circulated by: (local govt. or agency) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INKa ❑ 1 am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS — You must submit any comments on these projects to WDFW within 15 working d Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) O Local Government for shoreline: O Substantial Development ❑ Conditional Use ❑ Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance 0 Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) O Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits (to Regional office -Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification 0 Corps of Engineers for: El Section 404 El Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit O US Fish & Wildlife Service or National Marine Fisheries Service for Endangered Species Act (ESA) Consultation SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications. I1. APPLICANT City of Renton, Utility Systems, Contact: Dave Christensen MAILING ADDRESS 1055 Grady Way South, 5th Floor, Renton, Washington 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425-430-7212 dchristen@ci.renton.wa.us N/A 425-430-7241 If an agent is acting for the applicant during the permit process, complete #2. 2. AUTHORIZED AGENT Adolfson Associates, Incorporated, Contact: David Wortman MAILING ADDRESS 5309 Shilshole Avenue NW, Suite 200, Seattle, Washington 98107 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 206-789-9658 dwortman@adolfson.com N/A 206-789-9684 3. RELATIONSHIP OF APPLICANT TO PROPERTY: ❑ OWNER ❑ PURCHASER ❑ LESSEE OOTHER: The City possesses an easement across all lakefront properties into Lake Washington. 4. NAME, ADDRESS, AND PHONE NUMBER OF PROPERTY OWNER(S), IF OTHER THAN APPLICANT: N/A 5. LOCATION (STREET ADDRESS, INCLUDING CITY, COUNTY AND ZIP CODE, WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) The project is located in the City of Renton, King County. The 4,700-foot sewer line runs parallel to and within approximately 40 feet of the Lake Washington shoreline, from the lift station (3901 Lake Washington Boulevard) to the flush station (2727 Mountain View Avenue North). Additional clean -out access points are located at 3013 Mountain View North, 3233 Mountain View North, 3111 Mountain View North, and Kennydale Beach. LOCAL GOVERNMENT WITH JURISDICTION (CITY OR COUNTY) City of Renton WATERBODY TRIBUTARY OF WRIA # Lake Washington N/A WRIA 08 (Lake Washington) SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION NW 5 23N 5E N/A Urban SW 31 124N 15E LATITUDE & LONGITUDE ZONING DESIGNATION Northerly are zoned Center Office Residential. IF KNOWN: 122°, 12 parcels in 29.5 s Adjacent single family homes are zoned Residential R8. West/47°, 31 in Coulon Beach Park is zoned Residential R1(P) (Public Use). 14.3 s North fAX PARCEL NO: DNR STREAM TYPE, IF KNOWN N/A N/A 6. DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION. The proposed project area is in Lake Washington, parallel to the shoreline with residential lakefront properties, Kennydale Beach Park and Bathhouse, and Gene Coulon Park. Burlington Northern Railroad tracks run behind the residential and recreational areas. No proposed activities have commenced. IS THE PROPERTY AGRICULTURAL LAND? ❑ YES ©NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑ YES ©NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE, INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT, DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The City is proposing to maintain a sewer line that serves 52 lakefront properties and runs in Lake Washington. This project would include installing four manholes and implementing cleaning program to jet the line. See attachment 7a for details. 7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. Since its construction, the line has been difficult to maintain due to sags in the pipe profile and limited access. The pipeline was installed to generally follow the profile of the lake bottom. Material accumulates in sags along the line, causing line backups and potential overflows into Lake Washington at a clean -out located near the shore at Coleman Point. The current maintenance program is inadequate in preventing these backups, as only 3,500 feet of the 4,700-foot line is accessible via jetting at existing access points. 7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUALITY, WATER SUPPLY, RECREATION, and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID, MINIMIZE, AND MITIGATE DETRIMENTAL IMPACTS, AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. he proposed project would impact fish habitat, water quality, boater safety, and noise levels. See attachment 7c for details. PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE, BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON B-112 X 11 INCH SHEETS. LARGER DRAWINGS MAY BE REQUIRED BY OTHER AGENCIES. 8. WILL THE PROJECT BE CONSTRUCTED IN STAGES? ®YES ❑ NO There would be one construction phase and an ongoing cleaning program. PROPOSED STARTING DATE: The WDFW in -water work window (June 16 through the end of October) during 2001 or 2002. ESTIMATED DURATION OF ACTIVITY: Construction would take approximately 3 to 4 months. Each cleaning period would take 7 to 10 days (every 2 to 3 years). 9. CHECK IF ANY STRUCTURES WILL BE PLACED: HIWATERWARO OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS: AND/OR (sewer access manholes) ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAD, OR OTHER MATERIAL) BE PLACED: Concrete for manholes. The volume occupied by each manhole Will be approximately 3 cubic yards. ®WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) ❑ WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) 1. WILL MATERIAL BE PLACED IN WETLANDS? IF YES: A. IMPACTED AREA IN ACRES: B. HAS A DELINEATION BEEN COMPLETED? IF YES, PLEASE SUBMIT WITH APPLICATION. C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION. D. TYPE AND COMPOSITION OF FILL MATERIAL (E.G., SAND, ETC.): E. MATERIAL SOURCE: ❑ YES ©NU ❑ YES ® NO ❑ YES © NO F.'LIST ALL SOIL SERIES (TYPE OF SOIL) LOCATED AT THE PROJECT SITE, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS): On shore, soils are Alderwood gravelly sand loam (AgC). 12. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ©NO IF YES, IMPACTED AREA IS ACRES. •. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? 2YES ❑NO IF YES: A. VOLUME: 20(CUBIC YARDS) /AREA (ACRES) (Approximately 5 cubic yards per manhole) B. COMPOSITION OF MATERIAL TO BE REMOVED: Lake bottom materials C. DISPOSAL SITE FOR EXCAVATED MATERIAL: An upland site to be determined by the construction contractor D. METHOD OF DREDGING: Barge -mounted backhoe 14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? In progress ❑ YES ❑ NO SEPA LEAD AGENCY: City of Renton SEPA DECISION: DNS, MONS, EIS, ADOPTION, EXEMPTION DECISION DATE (END OF PERIOD): N/A SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. LIST OTHER APPLICATIONS, APPROVALS, OR CERTIFICATIONS FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR ANY STRUCTURES, CONSTRUCTION, DISCHARGES, OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION (I.E., PRELIMINARY PLAT APPROVAL, HEALTH DISTRICT APPROVAL, BUILDING PERMIT, SEPA REVIEW, FEDERAL ENERGY REGULATORY COMMISSION LICENSE (FERC), FOREST PRACTICES APPLICATION, ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. SEPA Review City of Renton In Drogress N/A N/A No SA Section 7 Consultation National Marine In progress N/A N/A No Fisheries Service/U.S. Fish and Wildlife Svc. Hydraulic Protect Approval WDFW In progress N/A N/A No Shoreline Substantial Development City of Renton In progress N/A N/A IND 16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑ YES O NO IF YES, EXPLAIN: SECTION B - Use for Shoreline and Corps of Engineers permits only: 17. TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, LABOR, MACHINE RENTALS, ETC. $375,000 for construction, $60,000 for each cleaning 18. LOCAL GOVERNMENT WITH JURISDICTION: City of Renton 19. FOR CORPS, COAST GUARD, AND DNR PERMITS, PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS, LESSEES, ETC.. PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE —CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER 0. APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURATE. I FURTHER CERTIFY TH E AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICAT , T IGHT TO E ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. I /EHE AGREE T ART WORK LY AFTER ALL ERY PERMITS HAVE BEEN RECEIVED. SI�ATU AUTHOEIY ENT DATE ��OFAPP"TOR I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER (EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United Slates knowingly falsities, conceals, or covers up Dy any incK, scnnma, o1 U-1— a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL.OFFICIAL A. Nature of the existing shoreline. (Describe type. of shoreline, such as marine, stream,. lake; lagoon, marsh, bog, swamp,flood plain, floodway, delta; type of.beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) - B. 1n the event that.any of the proposed buildings or structures will exceed a height of thirty-five feet above .the average: grade level, indicate.the approximate location of and number. of residential: units, existing and potential, that will have an.obstructed view: C. If the application involves a.conditional use or variance, set forth in full that portion of the master program which:provides that the proposed use may be. a. conditional use; or, in the case of a. variance, from which the variance is:being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions City of Renton, Kennydale Lakefront Sewer Project JARPA Application Attachments 7a. The City of Renton is proposing facility and maintenance improvements to reduce overflows in an existing 8-inch, 4,700-foot sewer line that serves 52 lakefront properties in two residential neighborhoods and the Kennydale Beach Bathhouse in Renton. Figure 1 shows the location of the project area. With the exception of the southern 300 feet of pipe, the sewer is buried along the Lake Washington shoreline within the City's easement. The sewer line, which was constructed in 1972, consists of an eight -inch cast iron pipe that connects a flush station at the south end of the sewer to a lift station at the north end (Figure 2). The line is exposed along the nearshore lake bottom over approximately 900 feet of its length. The City currently maintains the sewer by jetting accessible portions over approximately 3,500-foot length of the line. However, overflows into the lake still occur as sediment accumulates in sags along the line (see Question 7b below for details). Chapters 3 and 4 of the Kennydale Lakefront Sewer Predesign Report (attached) summarize a detailed alternatives analysis. Three final alternatives were identified for this project: (1) Constructing new flush and lift stations and installing a new, more level, sewer line 10 to 15 feet outside the residential docks; (2) Replacing the existing system with 34 grinder pump stations, pressure side sewers, and new force mains; and (3) Installing access manholes and implementing a cleaning program. The third alternative, an interim maintenance program described in Chapter 5 of the predesign report, is recommended due to costs and environmental issues. Question 7c compares environmental impacts from each alternative. This preferred cleaning alternative includes the installation of four additional access points at locations where sediment can be removed from the line. These access points would be manholes constructed at locations near existing sags in the pipe profile to facilitate sediment removal. These manholes would be constructed within the lake bottom and protrude approximately 36 inches from the lake bottom surface into the water column (Figure 3). The manholes would be constructed from barges in the lake. A cleaning program would then be implemented to help prevent overflows in the lake. The program would include jetting the pipe from the access locations using a vactor truck staged from a barge. The jetting equipment access is provided through a portable shaft that extends above the lake level and would be temporarily installed (Figure 3). The same shaft would be used for accessing the line through each of the other new manholes (See Chapter 5 of the Kennydale Lakefront Sewer Predesign Report). 7c. Lake Washington is inhabited by several fish species. As part of a Biological Assessment, a snorkel survey was performed by Adolfson Associates in April and May 2000. Species observed included coho salmon (Oncorhynchus kisutch), three - spine stickleback (Gasterosteus aculeatus), smallmouth bass (Micropterus Y dolomieuz), and largemouth bass (M. salmonides). In addition, part of the project location encompasses a beach spawning area for sockeye salmon (O. nerka). Construction of the proposed access manholes would impact these fish species by disturbing habitat in the vicinity. In addition, the manholes would provide an area for aquatic predators to hide and feed on smaller fish including juvenile salmon. Water quality would be temporarily impacted in the project area by the excavation of approximately 20 cubic yards of nearshore sediments for constructing four manholes. This impact would be localized by the use of in -water silt screens at each manhole site. However, long-term water quality would be improved, as sewer overflows would be significantly reduced. The new access structures could potentially pose a safety impact to boaters in the area. Noise impacts to nearby residents and to people using the area for recreation would occur during construction and cleaning activities. Replacing the sewer line and constructing new flush and lift stations (Alternative 1) would have larger impacts on fish habitat and water quality. Because construction activities would be more extensive with this alternative than with the preferred alternative (i.e. more excavation and fill required over a longer construction phase), biological and water quality impacts would be more substantial. Likewise, noise and recreational impacts would be greater, since construction would be longer in duration. Constructing 34 grinder pump stations on the beach front (Alternative 2) would impact fish habitat and water quality less than the other two alternatives, since all construction activities would occur on land. The potential would still exist for sewage spills, because the pump stations would be installed near the shoreline and malfunctions can occur. This alternative would cause extensive noise impacts to existing residences. In addition, odor from the facilities may occur. < ` F1 LAT 47 degrees, 31' ; u� i LON 122 degrees, 12' 30" _ m E i O •,n sr sr > s DIRECTIONS: From Interstate 405 take Exit 6 72ND "P� "0 ^ and head west on N. 30th Street to Lake rsr- ST a °"> LE ST Washington Boulevard. The project area =� y begins at approximately N. 28th Street and 129 s MID I a W a runs north to approximately N. 40th Street. s^�yLSE 76PH NE G' u ST : " I 447- ' _ Q w �tN �-tLAktEi S% I E i ^^ sE7BTM N 43RD ' S 910.. E M ssll m" pc _PARK'.' PL= -- SE --fin ut I SEAS +/ Q K4Y 741 N 40TH ST N �O 1300 z 2 F m AVALON / 0 n ST R1 , .31, • _ • o. ST o y� cF-, a • N<� � e rENNya4t6♦ i 36THST i ^ �•., BEACH PA� rt SE a S: 35TH ST a n sr PROJECT • ' / 34TH ; ,... SOUTH POIxr CORRIDOR y =I r! 331ZD PL •� / j N 33RD ST NE pvn r Pow INT = zoo '� NE 315 N 31ST ST _ •RE[3 S f } • I N 3�TN ST u T 700 N 29TH sr ■'>; a.- �...� "' �•� •C m N 2BTH . '. PL , . � ua.i ' ❑ � HE 28T1 -1------_ N ---9Sfi NE Z —NE- Z W::LIONS ZCTPrt'Y6�A1LREK n N1261N - 210 jr MI- Nt . � . W W ^t H _ N i7 . iJN >LA < 2"33 2 _ 5 NE 21ST NE 20TH < 1700 1 Jim* ti0 Reproduced with permission granted by THOMAS BROS. MAPS. This map is copyrighted by > THOAMAS BROS. MAPS. It is unlawful to copy - a Q9r. or reproduce all or any part thereof, whether for � -:` personal use or resale, without permission. BOAT LAUNCHt N z = Q NAME: City of Renton Kennydale VICINITY MAP REFERENCE: Lakefront Sewer PROPOSED: Sewer facility maintenance IN Section 31, T.24N, R.5E, W.M. PURPOSE: Construct four COUNTY OF: King STATE: WA I manhole access points for future NORTH a maintenance of existing in -lake 2- sewerline. NO Scale SHEET 2 OF 4 December 2000 m 0 0 N NAME: City of Renton Kennydale Lakefront Sewer PURPOSE: Construct four manhole access points for future maintenance of existing in -lake sewerline. REFERENCE: PROJECT AREA PROPOSED: Sewer facility maintenance. IN Section 31, Township 24N, Range 5E, W.M. COUNTY OF: King STATE: WA NO Scale SHEET 1 OF 4 December 2000 �;7, 0 LAKE WASHINGTON REMOVABLE ; ACCESS SHAFT rL a '�• '4 .8'Duc111e Exlslln 8' a ` ilk' Iron Sluh Cast Iron Sewer - Lake ' F 80110M \\,%\\\ \\-\\`-\\\'\\\�' \\\%\\�%\\\?\\"%\\`%\\ D v \a+.r„Y v ��v..A: i\\\sc\\\si\\v_U\ d�\\\ (\\.�d%\\\%\�\;:(\\;;\\\;:C2,kR�3�, la rr �+f 1 t#T�•�� NEW48'DIAMETER \�%\�=`\� \\,.-`\j%'t �C\`,�`�\�`\�� \\��'\\)��\\\�\` �:��J''''r�'ayr�N' �'1r'��'�;'74cr� PRECASTMANHOLE:�\\\%\�%\\\�\\k`•\\�=\\\� NAME: City of Renton Kennydale Lakefront REFERENCE: Sewer MAINTENANCE PROPOSED: Sewer facility maintenance. MANHOLE SECTION IN Section 31, Township 24N, Range 5E, W.M. PURPOSE: Construct four manhole access COUNTY OF: King STATE: WA points for future maintenance of existing in -lake sewerline. SHEET 4 OF 4 December 2000 Lykken, Jeffrey W. From: bburke@adolfson.com Sent: Thursday, May 03, 2001 3:54 PM To: 'David Wortman;'Molly Adolfson; Jeff Lykken (E-mail) Subject: FW: Kennydale Sanitary Sewer Repairs COE# 2000-2-01573 . - 33 ATT00058.html RE: Kennydale Sanitary Sewer Repairs COE# 2000-2-01573Doesn't sound like they are in a real rush... So reading into this... COE review by early July 2001 Services Review by November 2001 COE permit -public notice by January 2002 Benn -----Original Message ----- From: Smith, Jonathan NWS [mailto:Jonathan.Smith@NWS02.usace.army.mil] Sent: Thursday, May 03, 2001 3:32 PM To: 'bburke@adolfson.com' Subject: RE: Kennydale Sanitary Sewer Repairs COE# 2000-2-01573 Benn, I've received the BE. I will probably begin reviewing it in within the next 2 months. If it is acceptable as is or nearly as is, I would shortly thereafter forward it to the Services for concurrence. Based on their track record to date, the Services will take several months to complete their review. Upon receipt of their concurrences, I would try to complete the rest of the permit process within about a month. Jonathan Smith CITY OF RENTON KENNYDALE LAKEFRONT SEWER REPLACEMENT PROJECT PHASE II - DESIGN PERMITTING STATUS MEETING May 17, 2001 I. Project Overview • Predesign Alternatives Analysis • Recommended Alternative H. Design Status • Pending Pre -application Meeting with Corp III. Permit Status • Corp 404/Section 10 • Biological Assessment/Section 7 Consultation • 401 Water Quality Certification • Coastal Zone Management Certification • Hydraulic Project Approval • SEPA Checklist • Shorelines Substantial Development • Clearing and Grading • Aquatic Land Lease IV. Outstanding Questions and Issues REQUIRED PERMITS FOR KENNYDALE SEWER LINE REPLACEMENT PROJECT Permit Responsible Agency Status Notes 404/Section 10 Permit U.S. Army Corps of Application submitted December Corps has determined that the project qualifies for a Nationwide Engineers 2000. Corps has completed 12 permit. Adolfson notified in January 2001 that permit review preliminary review. will begin once BA consultation process is completed. Biological U.S. Army Corps of BA submitted to Corps in January Corps has indicated that review may take several months. Formal Assessment/Section 7 Engineers/ 2001. Corps review pending. Not consultation with NMFS and USFWS also likely required. Consultation NMFS, USFWS yet reviewed by NMFS/USFWS Suggest that city draft letter citing need for project to expedite process. 401 Water Quality Washington Not yet reviewed. No other submittals necessary. Ecology will review 404 permit e ' ication Department of and issue 401 certification concurrent with Corps review process. Ecology Coastal Zone Ecology and/or Corps Not yet reviewed. No other submittals necessary. Ecology will review certification Management concurrent with Corps review process. Certification Hydraulic Project Washington JARPA complete. Not yet Pending SEPA determination by city. SEPA must be completed Approval (HPA) Department of Fish submitted. prior to WDFW issuance of HPA. Larry Fisher is being contacted and Wildlife to inform him of the status of the project. SEPA Checklist City of Renton Checklist completed and ready for Coordinate permit efforts with SEPA process. submission to City. Shoreline Substantial City of Renton Pending SEPA determination by city. SEPA must be completed prior to application review. Development Permit Clearing and Grading City of Renton City lead. May not be required. Project's location and/or amount of grading may not require Permit ermit. Verif with city. Aquatic Land Lease Washington JARPA complete. Unlikely that Verify that no lease authorization is required. Department of lease will be required. Natural Resources 4- o status Expenditure Status Report Page: 1 OS/07/2001 09:38:57 City of Renton 04/01/2001 through 04/30/2001 421 WATER & SEWER CONSTRUCTION 000400 WASTEWATER UNCAPITALIZ EXP 018 PLNG/BLDG/PUB WKS UTILITY SYS Adjusted Year-to-date Year-to-date Prct Title/Account number Appropriations Expenditures Expenditures Encumbrances Balance Used SANITARY SEWER UNCAPITALIZ EXP 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.000000 SANITARY SEWER MAIN EXTENSIONS 800,000.00 128,063.65 330,911.85 18,341.68 450,746.47 43.7 5960.0035.65.045000 LIFT STATION REPL/REHAB 50,000.00 1,695.61 10,633.89 122,271.84-82,905.73 265.8 5960.0035.65.045010 RENTN CBD I -MILL AVE PIPELINE 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045035 E KENNYDLE/ABERDEEN SEWR INTER 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045055 MISCELLANEOUS SEWER PROJECTS 205,000.00 139.72 6,956.26 0.00 198,043.74 3.4 5960.0035.65.045065 NE 7TH ST SEWER REPL 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045068 HONEYCREEK INTERCEPTOR PHS IV 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045125 SAN SEWER MAIN GROUTING 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045145 HIGHGATE LIFT STATION ELIMIN D.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045150 REPL TELEMTRY/DATA LOGGING SYS 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045160 CENTRAL RENTON SEW REPL PH III 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045175 E MAPLEWOOD COLL SYSTEM PRED 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045180 KENNYDALE LKFNT SEW SYS STUDY 60,000.00 1,021.55 20,986.84 131,985.13-92,971.97 255.0 5960.0035.65.045190 SR 169-MAPLE VLY HWY STUBS 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045215 LIFT STATION ELECTRICAL REHAB 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045225 MAIN AV S SEWER REPLACEMENT 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045230 �0.00 0.00 0.00 0.00 0.00 Q� ��%(��" S RENTON SEWER REPL PH 1 / ***** 5960.0035.65.045235 �J1 D CITY WIDE PHOTOGEMETRY l/ y 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045240 /' (�� ( W 0.00 0.00 0.00 0.00 0.00 1997 LNG-RNGE WW MGMT PLAN ***** 5960.0035.65.045245 00 ------------------------------------ - ---------------------��j - - _-----------------------------------------------Page--1 o status 05/07/2001 09:38:58 Expenditure Status Report City of Renton 04/01/2001 through 04/30/2001 Page: 2 421 WATER & SEWER CONSTRUCTION 000400 WASTEWATER UNCAPITALIZ EXP 018 PLNG/BLDG/PUB WKS UTILITY SYS Adjusted Year-to-date Year-to-date Prct Title/Account number Appropriations Expenditures Expenditures Encumbrances Balance Used REIM METRO SLIPLINING CR PARK 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045250 GIS DATABASE AND CONVERSION 0.00 2,000.00 2,000.00 0.00 -2,000.00 ***** 5960.0035.65.045255 0.00 0.00 0.00 0.00 0.00 ***** NW 7TH SEWER REPAIR 5960.0035.65.045260 0.00 0.00 0.00 0.00 0.00 ***** SW 16TH ST SEWER REPLACEMENT 5960.0035.65.045265 0.00 0.00 0.00 0.00 0.00 ***** TALBOT CREST LIFT STA REHAB 5960.0035.65.045270 0.00 0.00 0.00 0.00 ***** MISTY COVE/BAXTR LIFT STA REHAB 0.00 5960.0035.65.045275 0.00 0.00 0.00 0.00 0.00 ***** SOUTH RENTON SEWER REPLACEMENT 5960.0035.65.045280 0.00 0.00 0.00 0.00 0.00 ***** OAKESDALE AVE SW STUBS 5960.0035.65.045285 0.00 0.00 0.00 0.00 0.00 ***** EARLINGTON LIFT STATION REPL 5960.0035.65.045290 0.00 0.00 0.00 0.00 ***** WINDSOR HILLS SEWER REPLACEMENT 0.00 5960.0035.65.045295 SANITARY SEWER MAIN REPL/REHAB 792,000.00 2,506.01 385,990.39 18,158.48 387,851.13 51.0 5960.0035.65.045300 SOUTH HIGHLANDS SEWER REPLACEMENT 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045310 0.00 0.00 0.00 0.00 ***** NORTH HIGHLANDS SEWER REPLACEMENT 0.00 5960.0035.65.045315 0.00 0.00 0.00 0.00 0.00 ***** ESA COMPLIANCE 5960.0035.65.045325 0.00 0.00 0.00 0.00 0.00 ***** SANITARY SEWER MAIN REHAB 5960.0035.65.045330 THUNDER HILL ACCESS ROAD REPAIR 20,000.00 255.57 3,677.60 0.00 16,322.40 18.4 5960.0035.65.045340 S 180TH GRADE SEPARATION MAIN RELOCA 0.00 0.00 0.00 0.00 0.00 ***** 5960.0035.65.045370 WATER & SEWER CONSTRUCTION 1,927,000.00 135,682.11 761,156.83 290,757.13 875,086.04 54.6 Grand totals 1,927,000.00 135,682.11 761,156.83 290,757.13 875,086.04 54.6 --------------------------------------------------------------------------------------------------------------- Page: 2 o_status Expenditure Status Report Page: 1 05/07/2001 09:38:58 City of Renton 04/01/2001 through 04/30/2001 Recap Report Title/Account number WATER & SEWER CONSTRUCTION 421 WASTEWATER UNCAPITALIZ EXP 421.000400 PLNG/BLDG/PUB WKS UTILITY SYS 421.000400.018 WATER & SEWER CONSTRUCTION Grand totals Adjusted Year-to-date Year-to-date Appropriations Expenditures Expenditures Encumbrances 1,927,000.00 1,927,000.00 1,927,000.00 135,682.11 135,682.11 135,682.11 761,156.83 761,156.83 761,156.83 290,757.13 290,757.13 290,757.13 Prct Balance Used 875,086.04 54.6 875,086.04 54.6 875,086.04 54.6 --------------------------------------------------------------------------------------------------------------- Page: 1 Transmittal Date: March 19, 2001 To: Dave Christensen City of Renton Utility Systems 1055 Grady Way South, 5th Floor Renton, WA 98055 C., Central Files (2-2) From: Jeff Lykken Project No.: 2030051-002 Tetra Tech/KCM, Inc. Imm Subject: Kennydale Lakefront Sewer Replacement Project For Your Information For Your Signature For Your Approval I `' I For Your Use We are sending you: Attachments Shop Drawings Specifications Prints Copy of letter Other ... No. of Copies Number Description 3 Final Biological Evaluation 2 JARPA Application 3 Draft Environmental Checklist Remarks: Dave: Attached for your review is three copies of the Draft Environmental Checklist. I have also attached copies of the final Biological Evaluation and the JARPA application for your files. Please give me a call after your Community Development staff has had time to get up to speed on the project and we can schedule a team meeting. Thanks. Signed: Tetra Tech/KCM, Inc. • 1917 First Avenue 9 Seattle, WA 98101-1027 • Tel 206 443-5300 * Fax 206 443-5372 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 29, 2001 RECEIVED TO: Ron Straka MAR 3 0 2001 FROM: Nick Afzali CITY OF RENTON UTILITY SYSTEMS Subject: NE 9'/Monroe Avenue NE Storm System Replacement Project Regarding the replacement of curb and gutter and sidewalk on NE 7' Street that may be disturbed as a result of the subject proposed storm drainage project, we have the following comments: ➢ The existing rolled (mountable) curb and gutter must be replaced with the City's standard Cement Concrete Barrier Curb and Gutter. ➢ We support locating the new curb and gutter section so that the face of curb is 16'-0" from the centerline of the existing right-of-way (and roadway). ➢ We prefer that the existing four (4)-foot wide sidewalk be replaced with a 6'-0" wide City standard Cement Concrete Sidewalk abutting the new curb and gutter. We are willing to participate in the funding of the new sidewalk (the cost of the additional 2- feet of sidewalk plus any grading and adjustments to existing features attributable to the extra 2-foot width) in order to ensure replacement with a 6-foot wide sidewalk. ➢ If residents have concerns with additional 2 feet of sidewalk, or where necessary to minimize major impacts/adjustment costs to existing features, go with 5-foot sidewalk as a compromise. ➢ Should final design and location of the replacement storm drainage system, to avoid disturbing existing cracked and sealed concrete pavement, dictate that the roadway curb face be located 18 feet from the centerline of the existing right-of-way, we would expect the cost of the additional 2-foot of roadway pavement to be borne by the storm drainage replacement project. The first three comments are depicted on the attached NE 7' roadway cross -sections. Bob Mahn or I are available at your convenience to discuss any questions or concerns you may have regarding the above comments. Attachments Cc: Ryan Plut 6c t3 .v�AK>J H:Trans/Planning/RLM/Monroe_Storm_Replacement 1. 3. 4. 5. 6. 7. 8. ENVIRONMENTAL CHECKLIST Name of proposed project, if applicable: Kennydale Lakefront Sewer Name of Applicant: City of Renton, Utility Systems Address and phone number of applicant and contact person: David Christensen Utility Engineer Supervisor City of Renton 1055 Grady Way South Renton, WA 98055 Date checklist prepared: March 14, 2001 Agency requesting checklist:' City of Renton Washington Department of Ecology Proposed timing or schedule (including phasing, if applicable): It is expected that the construction work in the lake will be completed within a two -week to three-week time frame between June and October 2002. Plans for future additions, expansion, or further activity related to or connected with this proposal: An on -going pipeline -cleaning program is expected to take place for 7 to 10 days every 2 to 3 years. Environmental information that has been prepared, or will be prepared, directly related to this project: N 64 23 54ftnvcheck. doc Environmental Checklist 2 (a) Adolfson Associates. Kennydale Lakefront Sanitary Sewer Biological Evaluation. March 2001. (b) City of Renton. Kennydale Lakefront Sewer Pre -design. Tetra Tech/KCM, Inc. November 2000. 9. Applications that are pending for governmental approvals or other proposals directly affecting the property covered by the proposal: Joint Aquatic Resources Permit Application, (JARPA). 10. List of governmental approvals or permits that may be needed for the proposal: Permits could include: Washington State Department of Fish and Wildlife Hydraulic Project Approval, City of Renton Building Permit, City of Renton Grading Permit, City of Renton Shoreline Substantial Development Permit, City of Renton Right of Way Use Permit, Sensitive Areas Review, Joint Aquatic Resource Permit Application (Army Corps of Engineers Permit, Coastal Zone Consistency Determination, and 401 Water Quality Certification). 11. Brief, complete description of the proposal, including the proposed uses and the size of the project and site: The Kennydale lakefront sanitary sewer is an existing 8-inch line in Lake Washington that serves two small residential neighborhoods along the lake in Renton. Figure 1 shows the general vicinity of the project. The 4,700-foot ]oil(' line begins at the north end of Gene Coulon Park and ends at North 40th Street. Since its construction, the line has been difficult to maintain due to sags in the pipe profile and limited access for maintenance. Sediment accumulates in the sags, causing backups in the line and overflows into Lake Washington. City workers are able to access only about one third of the line for cleaning. The top of the pipe is exposed above the lake bottom along much of the alignment. The depth of the cover for the buried pipe does not exceed 2 feet. The pipe has been snagged and damaged by boaters and contractors more than a half dozen times. The proposed action includes the installation of four pre -cast concrete manholes, (approximately four feet in diameter and four feet high), at the sag locations to allow access to the existing eight -inch lakeline for maintenance and cleaning (Figure 2). In addition, repair of a two-inch hole that was found in the existing Pipe near Station 44+00 is included. The manholes will extend from two to three feet above the lake bottom. Pre -cast manholes would be installed at the following locations: Station 9+70, Station 21+70, Station 28+30, and Station 40+00. The NtA4235\wpAcnvcheck.doc NAME: City of Renton Kennydale Lakefront Sewer PURPOSE: Construct four manhole access points for future maintenance of existing in -lake sewerline. REFERENCE: PROJECT AREA PROPOSED: Sewer facility maintenance. IN Section 31, Township 24N, Range 5E, W.M. COUNT( OF: King STATE: WA No Scale SHEET 1 OF ?j December 2000 ul Environmental Checklist 3 use of pre -cast manholes will prevent uncured concrete from coming in contact with the lake. A typical view of the proposed manhole is included in Figure 3. Each manhole will be installed by divers operating from a floating barge. Barge access will be via existing facilities. No temporary access points, staging areas, or access roads are expected to be necessary. No other improvements or modifications to the existing Kennydale lakefront sanitary sewer are associated with this project. Construction Duration and Site Preparation It is anticipated that each pre -cast manhole will require between eight and 12 hours to install. Repair of the hole near Station 44+00 is anticipated to take approximately four hours. The homes that are served by the sewer will be prohibited from discharging waste to the lakeline during installation of each manhole. Prior to the work, the existing flushing station at the southern extent of the project alignment will be operated for several hours to flush all wastewater out of the pipe to the downstream pllmp station. Detailed Description of Construction Activities The contractor will develop the final construction sequence for this project. Based on previous experience, the anticipated construction sequence will be along the following lines: First the contractor will locate a barge adjacent to the proposed manhole location. The barge will act as the platform from which all work will occur. A sedimentation curtain will be placed around the barge and the manhole installation area to contain sediments that may be stirred from the lake bottom during the installation of the pre -cast manholes. A diver will remove a 10-foot length of the existing pipe using an underwater saw. The pipeline will be removed by a crane or similar device mounted on the barge. Following removal of the pipe segment, the contractor will lower the pre -cast manhole into the area where the old pipe was removed. The manhole will have short pipe stubs at the inlet and outlet to allow it to be connected to the existing pipe. The connection will be made using pressure rated couplings. Depending on site conditions at each manhole location, it may be necessary to remove up to 10 cubic yards of lake bottom sediments or add up to 3 cubic yards of gravel bedding per manhole to properly align the stubs with the existing pipeline. If it is necessary to remove lake bottom material, the material will be removed by a barge -mounted backhoe. Lake bottom materials will be disposed of at an approved upland site to be determined by the construction contractor. If it is necessary to add gravel -bedding material, the bedding material will be similarly added using a backhoe or other equipment mounted on the barge. The sediment NtA4235\wpAv nvchcck doc NAME: City of Renton Kennydale Lakefront Sewer PURPOSE: Construct four manhole access points for future maintenance of existing in -lake sewerline. U LAKE WASHINGTON REMOVABLE I ACCESS SHAFT Ducllle I' ' Exlsling B' IronSlub - Cast Iron Sewer, Lake B011om 48' DIAMETER \\"\1\;\a a\ :\.<:\\\.<\ PRECAST MANHOLE(\\:YI.,�\\ REFERENCE: MAINTENANCE PROPOSED: Sewer facility maintenance. MANHOLE SECTION IN Section 31, Township 24N, Range 5E, W.M. COUNTY OF: King STATE: WA SHEET 3 OF 3 December 2000 Environmental Checklist curtain will remain in place while work is in progress. This procedure will be repeated at each of the four manhole locations. The hole in the lakeline will be repaired by removing an approximately 5-foot length of the existing pipe and replacing it with a new 5-foot section. The remaining pipe and new section will be connected with pressure -rated couplings on each end. A sediment curtain will be placed around the pipe repair area and will remain in place while construction is in progress. 12. Location of the proposal, including street address, if any, and section, township, and range; legal description; site plan; vicinity map; and topographical map, if reasonably available: The project is located in the City of Renton, King County. The 4,700-foot sewer line runs parallel to and within approximately 40 feet of the Lake Washington shoreline, from the lift station (3901 Lake Washington Boulevard) to the flush station (2727 Mountain View Avenue North). Additional clean -out access points are located at 3013 Mountain View North, 3233 Mountain View North, 3111 Mountain View North, and Kennydale Beach. NW '/4 Section 5, Township 23, North Range 5 East WM. SW '/4 Section 31, Township 24 North, Range 5 East WM. 122°, 12' 29.5" West 47°, 31' 24.3" North ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site. The Kennydale lakefront sanitary sewer is an eight -inch line in Lake Washington that serves two small residential neighborhoods along the lake in Renton. The facility serves 52 single family residences and the Kennydale Bathhouse. The homes are primarily in two areas along Mountain View Avenue North and along lower Lake Washington Boulevard. The Burlington Northern Railroad runs northerly - southerly behind most of the residential homes. With the exception of the southern 300 feet of the pipe, the sewer is in the lake. The top of the pipe is exposed above the lake bottom along much of the alignment. The depth of the covered pipe does not exceed two feet. NtA4235\wpAcnvcheck doe Environmental Checklist 5 Most of the eight -inch lakeline was installed within 40 feet of the shoreline. It passes beneath most of the residential docks. Along much of the existing pipeline alignment, the lake is less than six feet deep. The pipeline was not installed at a constant grade; it generally follows the profile of the lake bottom. The high lake level is documented at 15 feet 2 inches; the low lake level is documented at 13 feet 2 inches. b. What is the steepest slope on the site (approximate percent slope)? The site is at an average depth of six feet in Lake Washington, (see B.1.c). C. What general types of soils are found on the site (for example clay, sand, gravel, peat, muck)? Specify the classification of agricultural soils and note any prime farmland. The proposed action is to install four access manholes at approximately Station 9+70, Station 21+70, Station 28+30, and Station 40+00 along the existing Lakeline. Station 9+70. The southernmost location is approximately 30 feet from shore. During the springtime survey, this location was approximately five feet under water. The dominant substrate is silt and sand. Bottom habitat structures in this area are dominated by lumber and man-made debris. Station 21+70. The proposed manhole location near station 21+70 is approximately 15 feet from shore. This section of the pipeline is in approximately eight feet of water. The bottom is relatively steep in this area, with sand substrates. Station 28+30. This location is in approximately ten feet of water and is approximately 20 feet offshore. The shoreline adjacent to this location generally consists of bulkheads. As a result, slopes are vertical at the shoreline, and gradual from the shoreline to the pipeline. The bottom is sand with some branches and man-made debris. Station 40+00. This location is approximately 60 feet from shore and is in approximately ten feet of water. Slopes are gradual and the bottom is dominated by silt and sand with some debris. The surface is largely covered by docks and moored boats. The Lakeline alignment is located along the outer perimeter of the docks in this area. d. Are there any surface indications or a history of unstable soils in the immediate vicinity? If so, describe. N1A4235\wpAcnvchcck.doc Environmental Checklist I There are no known surface indications of a history of unstable soils on site. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate the source of the fill. No shoreline disturbance or other clearing or grading will be necessary to install any of the four manholes. Depending on site conditions at each manhole location, it may be necessary to remove up to ten cubic yards of lake bottom sediment or add up to three cubic yards of gravel bedding per manhole. f. Could erosion occur as a result of clearing, construction, or use? No work will occur on land as a result of the proposed action. Erosion and sedimentation from upland areas will not result from this project. As discussed above, the construction contractor will install a hanging silt curtain entirely around the construction barge and the manhole location. The silt curtain will be installed to contain any lake bottom sediments that may be disturbed and re -suspended during construction. The silt curtain will remain in place when in -water work is in progress to install the pre- cast manholes or repair the hole in the pipe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example buildings or asphalt)? Approximately 112 square feet of lake bottom will be covered by the four pre -cast manholes. h. Describe the proposed measures to reduce or control erosion, or other impacts to the earth, if any. No work will occur on land as a result of the proposed action. Erosion and sedimentation from upland areas will not result from this project. As discussed above, the construction contractor will install a hanging silt curtain entirely around the construction barge and the manhole location. The silt curtain will be installed to contain any lake bottom sediments that may be disturbed and re -suspended during construction. The silt curtain will remain in place when in -water work is in progress to install the pre- cast manholes or repair the hole in the pipe. NAd235\wpk:nvcheck.doc Environmental Checklist 7 2. Air a. What types of emissions to the air would result from the proposal (e.g. dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Typical construction machinery will be used in this project, along with a barge. There will be no significant impacts to the air quality during construction. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. There are no off -site emission sources or odors affecting this project. C. Describe proposed measures to reduce or control emissions or other impacts to air, if any. During construction, standard emission prevention equipment will be used on all equipment. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The project is located within Lake Washington. The mouth of the Cedar River is located one mile south of the Kennydale lakeline. The outlet of Lake Washington is controlled at the Hiram Chittenden Locks operated by the U.S. Army Corps of Engineers. The locks are a control structure to maintain the level of Lake Washington and facilitate the passage of vessels between the freshwater environment of Lake Washington and the Lake Washington Ship Canal and the estuarine environment of Salmon Bay (Puget Sound). NIA4235\wpAenvcheckdoc Environmental Checklist 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The contractor will develop the final construction sequence for this project. Based on previous experience, the anticipated construction sequence will be along the following lines: The proposed action includes work within Lake Washington at the sag locations to allow access to the existing eight -inch lakeline for maintenance and cleaning. In addition, repair of a two-inch hole found in the existing pipe near Station 44+00. Pre -cast manholes will be installed at the following locations: Station 9+70, Station 21+70, Station 28+30, and Station 40+00 (Figure 2). A typical view of the proposed manhole is included as Figure 3. The contractor will develop the final construction sequence for this project. Based on previous experience, the anticipated construction sequence will be along the following lines: First the contractor will locate a barge adjacent to each proposed manhole location. The barge will act as the platform from which all work will occur. A sedimentation curtain will be placed around the barge and the manhole installation area to contain sediments that may be stirred from the lake bottom during the installation of the pre -cast manholes. A diver will remove a ten -foot length of the existing pipe using an underwater saw. The pipeline will be removed by a crane or similar device Mounted on the barge. Following removal of the pipe segment, the contractor will lower the pre -cast manhole into the area where the old pipe was removed. The manhole will have short pipe stubs at the inlet and outlet to allow it to be connected to the existing pipe. The connection will be made using pressure rated couplings. Depending on site conditions at each manhole location, it may be necessary to remove Lip to ten cubic yards of lake bottom sediments or add up to three cubic yards of gravel bedding material per manhole to properly align the stubs with the existing pipeline. If it is necessary to remove lake bottom material, the material will be removed by a barge -mounted backhoe. Lake bottom materials will be disposed of at an upland site to be determined by the construction contractor. If it is necessary to add gravel -bedding material, the bedding material will be similarly added using a backhoe or other equipment mounted on the barge. The sediment curt I will remain in place while work is in progress. This N1A4235\wpAenvchcck.doc Environmental Checklist 9 procedure will be repeated at each of the four manhole locations. The hole in the lakeline will be repaired by removing an approximately 5-foot length of the existing pipe and replacing it with a new 5-foot section. The remaining pipe and new section will be connected with pressure -rated couplings on each end. A sediment curtain will be placed around the pipe repair area and will remain in place while construction is in progress. 3. Estimate the amount of fill and dredge material that could be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill materials. Depending on site conditions at each manhole location, it may be necessary to remove up to ten cubic yards of lake bottom sediments or add up to three cubic yards of gravel bedding material per manhole to properly align the stubs with the existing pipeline. If it is necessary to remove lake bottom material, the material will be removed by a barge -mounted backhoe. Lake bottom materials will be disposed of at an upland site to be determined by the construction contractor. If it is necessary to add gravel -bedding material, the bedding material will be similarly added using a backhoe or other equipment mounted on the barge. The sediment curtain will remain in place while work is in progress. This procedure will be repeated at each of the four manhole locations. No wetlands will be affected. Approximately 112 square feet of lake bottom will be covered by the pre -cast structures (four manholes with a foot print of approximately 28 ft2 each). 4. Will the proposal require surface water withdrawals or diversion? Give general description, purpose, and approximate quantities, if known. No surface water diversions or withdrawals are anticipated. 5. Does the proposal lie within a 100 year flood plain? If so, note location on the site plan. The proposal is within Lake Washington. NtAd235\wpAenvcheckdoc Environmental Checklist H 6. Does the proposal involve discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No waste materials will be discharged to surface water. The purpose of this project is to reduce the potential for sewer overflows into Lake Washington. b. Ground 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn, nor will water be discharged to ground water. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any. Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is expected to serve. No waste materials will be discharged into the ground from any sources. C. Water Runoff (including storm water) 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (including quantities if known). Where will this water flow? Will this water flow into other waters? If so, describe. This project occurs underwater; no runoff will be generated. 2. Could waste materials enter ground or surface waters? If so, generally describe. There are two potential pathways for hazardous materials to enter Lake Washington during construction: 1) as a result of spills of potentially toxic materials (e.g., hydraulic fluid, gasoline, and oil) used during construction, or 2) from the existing sewer line after the line has been cut to allow installation of each manhole. N1A4235\wp4mvcheck.doc Environmental Checklist d. Describe proposed measures to reduce or control surface, ground, and runoff water impacts, if any. A spill prevention and contingency plan will be required to be developed and implemented by the construction contractor. This requirement will be included in the construction specifications for this project. The silt curtain will be suspended from a floating boom that will be installed around the work area and will help contain any floating materials from exiting the work area. The discharge of hazardous materials from the cut sewer pipeline is not anticipated during construction. The pipeline will be flushed for several hours prior to work. Also, the pipeline serves only residential homes. No industrial properties that may handle hazardous materials are served by the Kennydale lakeline. 4. Plants a. Types of vegetation found on site: Small amounts of macrophytic vegetation occur toward the south end of the pipeline, whereas the bottom from Station 20+00 to 45+00 is dominated by water milfoil (Myriophyllum spp.). Some areas have large amounts of debris on the lake bottom, including fallen trees, truck tires, lumber, and in one location on the west side of Coleman Point, plywood scraps. Much of the shoreline has been densely developed with houses, condominiums, docks, boat launches, and lawns. Shoreside vegetative cover, however, exists in some areas along the survey stretch. Overhanging vegetation along the shoreline that could provide cover for either salmonid juveniles or for predators generally consists of deciduous and coniferous trees. Although some of the Kennydale shoreline had been armored with bulkheads and rockery, shallow areas remain that provide suitable rearing habitat for juvenile salmonids. b. What kind and amount of vegetation will be removed or altered? A small amount of aquatic vegetation will be removed during installation of the manholes. C. List threatened or endangered species or critical habitat known to be on or near the site. There are no threatened or endangered plant species or critical plant habitat known to be on or near the site. N 1A4335\w pAcnvchcck. doc Environmental Checklist 12 d. Describe proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on site. The existing lakeline and the proposed manholes are within Lake Washington. No landscaping is proposed. 5. Animals a. Birds and animals which have been observed on or near the site or are known or expected to be on or near the site: Fish Chinook spawning occurs in the larger tributaries of Lake Washington. The highest level of wild chinook spawning in the basin occurs in Cedar River and Bear Creek (Williams et. al., 1975; WDFW, 1994; Carrasco, et al., 1999). The mouth of the Cedar River is located approximately one mile to the southwest of the project area. Bear Creek drains to the Sammamish River, which enters into the north end of Lake Washington. In the Cedar River, chinook return in the summer and early fall to spawn from mid -September through October. Chinook salmon spawn as far upstream as the Landsburg Dam at RM 21.4 (Williams et. al., 1975). Escapement data show a range of returns to the Cedar River in the late summer and early fall ranging from approximately 400 to 1,800 adults. Stock origin in the Cedar River is native and reproduction is wild (WDFW, 1994). Night snorkel surveys of juvenile fish use in southern Lake Washington were conducted by USFWS biologists in the spring of 2000 (WDFW, unpublished) and observations of daytime fish use were noted dining Adolfson's weekly snorkel surveys also conducted in the spring of 2000 (Adolfson, 2000). No other publications were identified that discuss chinook use specifically in the vicinity of the Kennydale lakeline. No juvenile chinook salmon were identified utilizing habitats along the lakeline alignment during the day. Chinook juveniles were observed in the project vicinity at night congregating along shoreline areas with gradually sloping bottoms and sandy substrates (Adolfson, 2000). Although the results of the USFWS dive survey have not been published, preliminary analysis indicates that most juvenile salmonids were most often associated with the shallow water zones immediately along the lakeshore in areas lacking complex bottom substrates and with limited overhead cover. It is unclear if juvenile chinook prefer these habitats or if they are merely avoiding deeper habitats with more complex cover because these areas may also provide cover for potential predators. NtA4235\wpAenvcheck.doc Environmental Checklist 13 Smallmouth bass, in particular, were commonly observed within the project area in association with overhead cover or large substrates such as riprap (Adolfson, 2000). Juvenile chinook and coho are known to use Lake Washington as rearing habitat and utilize the shoreline in the vicinity of the Kennydale lakeline during some periods of their early life history. Extensive use of habitats at the four proposed manhole locations is not anticipated, however, because of poor habitat conditions. Surveys of the project corridor during the spring of 2000 found that most habitat use by juvenile salmonids along the project corridor occurs in shallow nearshore areas which are less than three feet in depth (Adolfson, 2000). Although coho salmon were occasionally observed in the water column in the vicinity of the sewer line alignment during day surveys, juvenile coho were never observed in close association with the lake bottom at depths greater than three feet. WDFW biologists conducting surveys in 2000 for chinook salmon abundance found that juvenile salmonids, particularly juvenile chinook salmon, were most frequently found in less than three feet of water over gently sloping bottoms, free from debris with substrates of sand or small gravel. The bottom of the lake at each of the four proposed manhole locations is irregular and littered with debris. The avoidance of this type of the lake bottom may be a response to reduce potential predation. Deeper water with irregular bottoms may provide increased opportunities for predators on juvenile salmonids. Bald Enle Bald eagles may forage along Lake Washington in the vicinity of the project. The highest level of foraging activity is expected during the spring and early summer when nest sites along Lake Washington may be occupied (May through mid -August). The proposed construction window is anticipated to occur within this period; therefore, some foraging activity may occur within the project area during the construction window for this project The project area currently experiences noise and activity associated with Interstate 405, industrial activity and a seaplane facility along the southern shore of Lake Washington. In addition, high levels of recreational boating and other human activity associated with nearby Gene Coulon Park and Kennydale Beach Park occur in the area. Eagles that may forage in the project area are likely to be acclimated to activities associated with urban development. Impacts to foraging eagles are not anticipated to be significant. NtA4235\wpAcnveheckdoc Environmental Checklist 14 b. List any threatened or endangered species or critical habitat near the site. Information provided by NMFS (1996) and USFWS (2001) indicates that the project will occur within the general range of the following species: 1 able 1. r ecleral Npecies of Uoncern that may be affected by the FroDosed Froiect Common Name Scientific Name Regulatory Agency/Status Chinook sa1►non Oncorhynchus NMFS/Threatened tshawytsch.a Bald eagle Haliaeetus USFWS/Threatened leucocephalus (Proposed Delisted) Bull trout Salvelinus coi luentus USFWS/Threatened Coho salmon Oncorhynchus kisuxch. NMFS/Candidate Critical Habitat has been designated for Puget Sound Chinook sahnon evolutionary significant unit (ESU) and includes all waterways historically accessible to Chinook. Lake Washington and all shoreline areas are included within this designation. No critical habitat designations have been established or identified for coastal bull trout, bald eagles or coho salmon. C. Is the site part of a migratory route? If so, explain. Chinook spawning occurs in the larger tributaries of Lake Washington. The highest level of wild Chinook spawning in the basin occurs in the Cedar River and Bear Creek (Williams et al., 1975; WDFW, 1994; Carrasco, et. al., 1999). The mouth of the Cedar River is located approximately one mile to the southwest of the project area. Bear Creek drains to the Sammamish River that enters into the north end of Lake Washington. In the Cedar River, Chinook return in the late summer and early fall to spawn from mid -September through October. Chinook salmon spawn as far upstream as the Landsburg Dam at RM 21.4 (Williams et al., 1975). Escapement data shows a range of returns to the Cedar River in the late summer and early fall ranging from approximately 400 to 1,800 adults. Stock origin in the Cedar River is native and reproduction is wild (WDFW, 1994). N1\4235\wpknvchcck.doc Environmental Checklist 15 d. Proposed measures to preserve or enhance wildlife, if any. The silt curtain installed to limit the potential effects of increased turbidity will temporarily exclude Chinook salmon, coho salmon, and bull trout from the work area. Generally, this is a positive effect, as this will lower the potential exposure of these species to conditions within the silt curtain; fish that would normally use these areas will be displaced to other habitats. Overall, potential harm as a result of this displacement is anticipated to be discountable. The silt curtain is expected to remain in place at each manhole for only one workday and will be removed following construction. Similarly, the work is scheduled in the late summer and early fall, after the period that juvenile sahnonids are commonly found in nearshore habitats in Lake Washington. Conservation Measures A number of conservation measures will be undertaken to minimize potential impacts to listed and candidate species during construction: To avoid potential direct and indirect effects, all permitting agencies, the contractor, and the City of Renton will designate a primary and secondary contact representative. Project goals, methods, schedule, and target Milestones will be discussed during a pre -construction meeting attended by all representatives. All coordination will occur through these individuals. The designated representatives will be responsible for distributing Pertinent project information to other parties within their organizations. To help avoid unanticipated direct impacts and to minimize identified direct impacts during construction, a qualified fisheries/wildlife biologist will be available on an on -call basis throughout the construction period to advise the City of Renton regarding site specific conservation measures and to provide general spot checks of the implementation of turbidity control measures. The on -call biologist will report directly to the City of Renton representative or agent on -site. To minimize the potential for unanticipated impacts and to insure compliance with permit conditions, the City of Renton will designate a responsible party who is to remain on -site during construction to install each manhole. City representatives are expected to include the on -site construction inspectors and/or engineers who will be present whenever work is occurring on the project. To minimize the potential for unanticipated impacts and to insure compliance with permit conditions, lake water will be periodically tested for compliance with State of Washington water quality standards. Testing Will occur each day prior to the start of construction and will occur throughout the workday. The silt curtain installed along the work area will NtA423541)k nvchcckdoc Environmental Checklist 16 not be removed until work is completed for each manhole and the pipe repair. To avoid potential direct impacts to rearing juvenile salmonids, in -water construction will only occur from July 15 to October 15, 2002, or as otherwise specified by the WDFW Hydraulic Project Approval (currently pending). To minimize the potential for accidents resulting in direct effects to listed and candidate fish, construction equipment will be required to have emergency spill kits and construction crews will be trained in their proper use. To minimize the potential for accidents which may result in direct effects to listed fish and wildlife, the City of Renton or their agent will be responsible for informing and educating all crew members and all onsite personnel, including the personnel of subcontractors, independent operators, and vendors. Personnel will be informed of environmental precautions and permit conditions. To minimize the potential for direct impacts to listed and candidate fish, the City of Renton will require that no hazardous materials or toxic materials be transferred or stored on the barge or within 100 feet of the ordinary high water mark of Lake Washington except as normally contained within the construction equipment. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Diesel fuel will be required to run the construction equipment. b. Would the project affect the potential use of solar energy by adjacent properties? If so, explain. This project will not affect the potential use of solar energy. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. There are no energy conservation features included in this proposal. 7. Environmental Health NtA4235\wp\�nvcheck doc Environmental Checklist 17 a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spills, or hazardous waste that could occur as a result of this proposal? If so, describe. There are two potential pathways for hazardous materials to enter Lake Washington during construction: 1) as a result of spills of potentially toxic materials (e.g., hydraulic fluid, gasoline, and oil) used during construction, or 2) from the existing sewer line after the line has been cut to allow installation of each manhole. 1. Describe special emergency services that might be required. Emergency services which could be required include the Renton Fire Department in case of fire, diesel spill, or employee injury. 2. Describe proposed measures to reduce or control environmental health hazards. Several conditions will exist that are anticipated to limit the potential for harm to chinook, coho, or bull trout as a result of the potential discharge of hazardous materials. A spill prevention and contingency plan will be required to be developed and implemented by the construction contractor. This requirement will be included in the construction specifications for this project. A silt curtain will be suspended from a floating boom that will be installed around the work area and will help contain any floating materials from exiting the work area. The discharge of hazardous materials fi-om the cut sewer pipeline is not anticipated during construction. The pipeline will be flushed for several hours prior to work. Also, the pipeline serves only residential homes. No industrial properties that may handle hazardous materials are served by the Kennydale lakeline. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? The project area currently experiences noise and activity associated with Interstate 405, industrial activity and a seaplane facility along the southern shore of Lake Washington. In addition, high levels of recreational boating and other human activity associated with nearby Gene Coulon Park and Kennydale Beach Park occur in the NtA4235\wpAcnvchcck doc Environmental Checklist BE area. An increase in noise levels is not anticipated to be significant. 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? During construction the primary noise will be that associated with placing the pre -cast manholes into place. Operational noise is limited to cleaning the pipeline every two to three years. 3. Describe proposed measures to reduce or control noise impacts, if any. Vehicles and heavy equipment will be required to have standard noise reduction equipment. 8. Land and Shoreline Use a. What is the current use of the site adjacent to the properties? The proposed project area is in Lake Washington, parallel to the shoreline with residential lakefront properties, Kennydale Beach Park and Bathhouse, and Gene Coulon Park. Burlington Northern Railroad tracks run behind the residential and recreational area. b. Has the site been used for agriculture? If so, describe. The site has never been used for agriculture. C. Describe any structures on the site. The existing structures on the site include 52 residential waterfront homes and their associated decks, a flush station at the south end of the facility, a lift station on the north end, and the Kennydale Beach and Bathhouse. d. Will any structures be demolished? If so, what? No structures will be demolished. e. What is the current zoning classification of the site? Northerly parcels are zoned Center Office Residential. Adjacent single family homes are zoned Residential R8. Gene Coulon Beach Park is zoned Residential R 1 (P) (Public Use). N1A4235\wpk;nvcheck doc Environmental Checklist 19 f. What is the current comprehensive plan designation of the site? The City of Renton Comprehensive Plan designates the project area Residential/Rural on the west side of Lake Washington Boulevard. On the east side of Lake Washington Boulevard the designation is Residential/ Multi -Family Infill. Residential Single Family (R8) occurs further north of the project location. g. If applicable, what is the current shoreline master program designation of the site? The Lake Washington shoreline is designated Urban along the sanitary line. Lake Washington has been designated a Shoreline of the State and any development within 200 feet of the ordinary high water mark of the lake, including this project, is subject to review under the Washington State Shoreline Management Act. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Lake Washington shoreline would be considered "environmentally sensitive". i. Approximately how many people would reside or work in the completed project? At the time of this proposal, there are currently 52 residential homes in the project area. j. Approximately how many people would the completed project displace? None. k. Describe proposed measures to avoid or reduce displacement impacts, if any. None are necessary. I. Describe proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. NtAJ235\wpAcnvchcck.doc Environmental Checklist 20 Manhole installations and sewer line maintenance are compatible with the existing and planned land uses. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. The project does not involve construction of housing units. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. C. Describe proposed measures to reduce or control housing impacts, if any. None necessary as there is no change planned as part of this project. 10. Aesthetics a. What is the tallest height of any of the proposed structure(s), not including antennas? What is the principal exterior building material(s) proposed? The four pre -cast concrete manholes are 24 to 36—inches tall. The actual height above the lake bottom will vary upon installation depending on the depth of the existing pipe below the lake bottom. b. What views in the immediate vicinity would be altered or obstructed? No views will be altered or obstructed by constructing the manholes. C. Describe proposed measures to reduce aesthetic impacts, if any. None are necessary. 11. Light and Glare a. What type of light and glare will the proposal produce? What time of day would it mainly occur? No light or glare will be produced by the project. Construction will occur during normal business hours. NiU335\wpA nvchcckdoc Environmental Checklist 21 b. Could light or glare from the finished project be a safety hazard or interfere with views? No light or glare will be produced by the project. C. What existing off -site sources of light or glare may affect your proposal? None. d. Describe the proposed measures to reduce or control light and glare impacts, if any. None are necessary. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Recreational activities include swimming, boating, fishing, and other leisure water sport activities. Other activities may include those associated with residential living like landscaping and bird watching. b. Would the proposed project displace any existing recreational uses? If so, describe. The proposed project will not permanently displace recreational uses in the area. Swimming and boating will be temporarily interrupted in the immediate area of construction. C. Describe proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project or applicant. None are necessary. 13. Historic and Cultural Preservation a. Are there any places or objects listed on or eligible for national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no places or objects listed on or proposed for, national, state or local preservation registers known to be on or next to the site. NiA4235\wpAcnvchcck.doc Environmental Checklist 22 b. Generally describe any landmarks or evidence of historic, archeological, scientific, or cultural importance known to be on or next to the site. Washington State Office of Archeology and Historic Preservation has been contacted regarding the archeological and cultural importance of the adjacent shoreline. C. Describe proposed measures to reduce or control impacts, if any. None are necessary. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. There are two access roads mainly utilized by the local residences, Lake Washington Boulevard and Mountain View Avenue North. Burlington Northern Railroad tracks run behind the residential and recreational areas. Interstate 405 is located northeast and offsite of the project b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Metro serves the Kennydale area with bus service on routes #t05 and #909. C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe. Not applicable e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. NtA4235\wpAsnvchcck doc Environmental Checklist 23 The construction of the manholes and the servicing of the existing sewer line will occur in Lake Washington by use of barge and existing roads. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. During construction it is anticipated that vehicular use will be eight to 12 trips a day for approximately one -week to ten days during normal business hours. g. Describe proposed measures to reduce or control transportation impacts, if any. No impacts are anticipated; there are no measures planned. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally explain. The project will not directly increase the need for public services. However, as mentioned in 7.a. L, emergency services may be needed in the event ail emergency occurs. b. Describe proposed measures to reduce or control direct impacts on public services. Not applicable. 16. Utilities a. Utilities currently available at the site: Electricity, natural gas, water, waste hauling, telephone, sanitary sewer, and other residential services. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. No additional utilities are proposed for the project. N1A1235\wpAenvchcck doc Environmental Checklist 24 C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: N1A4235\wpAenvchcck.doc Environmental Checklist 25 REFERENCES Adolfson Associates, Inc. 2000. Memorandum describing results of early 2000 habitat surveys in Lake Washington for the Kennydale Lakeline. Adolfson Associates, Inc. 2001. Kennydale Lakefront Sanitary Sewer Biological Evaluation. Carrasco, K., S. Foley, and M. Leslie. 1999. Draft Summary of the 1998 Lake Washington Chinook Spawner Survey. National Marine Fisheries Service (NMFS). 1996. Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Watershed Scale. NMFS Environmental and Technical Services Division. Tetra Tech/KCM. 2000. Kennydale Lakefront Sewer Predesign Report prepared for the City of Renton Utility Systems, Renton, Washington. United States Department of the Interior Fish and Wildlife Service (USFWS) and National Marine Fisheries Services (NMFS). 1998. Endangered Species Act Consultation Handbook. United States Department of the Interior, Fish and Wildlife Service. 2001. Written Response to Request for Information on Sensitive Species. Washington Department of Fish and Wildlife (WDFW) and Western Washington Treaty Indian Tribes (WWTIT). 1994. 1992 Washington State Sahnon. and Steelhead Stock Inventory Appendix One Puget Sound Stocks North. Puget Sound Volume. Washington Department offish and Wildlife. 2000. Habitats and Species Database. Olympia, Washington. Williams, R. W., R.M. Laramie, and J. J. James. 1975. A Catalog of Washington Streams and Salmon Utilization: Volume I, Puget Sound Region. Washington State Department of Fisheries. Olympia, Washington. NtAd235\wpAenvcheck. doc