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SWP272862(2)
% O. City of Tukwila Steven M. Mullet, Mayor a` O Department of Public Works .James F. Morrow, P.E., Director �t 1908 RECEIVED n nRn January 10, 2007 JAN I c.�7 CITY OF RENTON ?USLIC WORKS ADMIN U.S. Army Corps of Engineers Seattle District Regulatory Branch 4735 Marginal Way South P.O. Box 3755 Seattle, WA 98134-3755 Reference: NWP 2001-4-00137 RE: South 1801h St/ SW 43rd 10-year Wetland Monitoring and Reporting Please find attached our Wetland Mitigation monitoring report for the South 1801h Street Grade Separation project. This report is for calendar year 2006, which is the 3`d year of monitoring. The wetland mitigation site was accepted as complete in 2003. If you have any questions about this report, feel free to call me at 206-431-2457. Sincerely, y Bob Giberson Acting City Engineer ��(Q _ S L Sv f cc: Sandra Whiting, City of Tukwila John Howat, City of Tukwila JQ f=' G, Gregg Zimmerman, City of Renton t/ File: S 1801h Wetland Monitoring, .111A S:\S 180th Wetland Monitoring\1-10-07 Letter to USACOE-2006 Monitoring Report.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-433-0179 • Fax. 206-431-3665 J • t XY , I. �+ , ai6 y �1I,��,.�• y �.Y JA AOL City of Tukwila, South 180th Wetland Mitigation Monitoring Report For the year 2006. Prepared by: Ryan R. Partee City of Tukwila Project Manager Table of Contents I. Introduction II. Vegetation A. Cover and Survival B. Invasive Species III. Site Hydrology IV. Buffer Conditions V. Wildlife Use A. Birds: B. Mammals: C. Reptiles: D. Amphibians: VI. Maintenance VII. Conclusion I. Introduction This report provides a summary of the on site conditions at the South 180t' Wetland Mitigation site for the year of 2006. II. Vegetation A. Cover and Survival Several site visits were conducted during 2006. The site is continuing to function at the intended capacity. Plant survival for 2006 was outstanding. Reed canary grass shade-out is improving as willow and alder trees gain height and out compete the reed canary grass for light and resources. B. Invasive Species Prior to the mitigation activity on the site,the area supported a plant community that was dominated with blackberry and reed canary grass. During construction these species were removed from within the mitigation foot print. At the time of the dead plant replacement, blackberry removal was again conducted on the eastern portion of the site. However, due to the perimeter proximity of blackberry and reed canary grass, and their propensity for colonization, these species will have a presence on the site. Reed canary grass is still observed on the site, but it is fairly limited to the north end were there is an existing stand. The age and height of the planted willow and alder trees is having the desired result of shading out the reed canary grass. However, blackberry is still prevalent on site and is now climbing the willow and alder. This issue will be the core of the vegetation management at this site. III. Site Hydrology No change from previous report. The hydrology at the site is exceptional, even during the month of August. All of the constructed pond areas remained wet throughout the summer and there was little fluctuation in pond elevation. The perimeter areas were also damp just below the surface. IV. Buffer Conditions Buffer conditions behaved as expected. Outside of the construction footprint the northern buffer remained dominated by reed canary grass, with blackberry to the east. The rest of the site has had little change since the completion of construction. Buffers have remained undisturbed. V. Wildlife Use The mitigation area would have seemed to have provided for an increase in use opportunity for resident and migratory wildlife. Below is a list of species observed on site during the Spring and Summer site visits. It is expected that actual species use exceeds this list. A. Birds: Crow, robin, starling, red tailed hawk, sharp shinned hawk, canada goose, great blue heron, and a variety of song bird species. What was suspected to be an owl pellet was also found. B. Mammals: Grey Squirrel, mice, moles, and other small rodents. C. Reptiles: Garter snake D. Amphibians: Frog, (likely bullfrog) VI. Maintenance Maintenance activities will center on controlling the occurrence of blackberries and an annual basis. It is expected that as the planted vegetation matures, it will shade out reed canary grass which should limit(but not eliminate) its presence. Blackberry maintenance will need to be conducted prior to Spring of 2007. This will need to be completed prior to the leaf out of the willow and alder. Sprinkler system: The entire system needs to be checked for integrity. At least one sprinkler head appeared to be damaged. However, at this point in the project, the sprinkler system is likely unnecessary. VII. Conclusion The mitigated wetland site is in excellent condition and is functioning as intended. It is currently accomplishing the mitigation goals for the site while also providing for an increase in habitat complexity and diversity. Plant survival is outstanding. While invasive species are present within the site, their numbers are not significant to detract from the improvement in habitat conditions, provided that blackberry removal maintenance work is conducted regularly. Hydrology should no longer be a concern as open water remained on site throughout the July— September time period. Soils within the entire site are effectively saturated on an annual basis and functioning at expectations. The east buffer needs attention to limit blackberry encroachment. Wildlife usage should increase as the planted vegetation matures. All in all, the site is performing as expected. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: July 12, 2000 TO: Lys Hornsby FROM: Lin Wilson/OP' SUBJECT: South 180th Grade Separation Project—VE Study Yesterday I obtained from the City of Tukwila a copy, attached,of the VE Study performed on the above project. Incidentally,Joe Armstrong was a member of the VE team. I was also given a copy of a preliminary draft of the City's response to the VE Team's recommendations,prepared by Berger/ABAM,the City's consultant. This is also attached. I have not yet had an opportunity to review the documents, so I don't know if any of the recommen- dations affect Renton utilities. It is Tukwila's intention to refine the draft response and discuss it at the weekly project meeting to be held at 10:00 AM on Tuesday,July 18,2000. If you have any questions regarding any topics addressed in the attached documents, I suggest you contact Chris Walcott,of Berger/ABAM, directly for clarification. If there are issues that are not resolved by next Tuesday,you could bring them to the project meeting(to which Renton staff has a standing invita- tion)or I would volunteer to carry a message if that would be appropriate. cc: Sandra Meyer Gregg Zimmerman h:\...\tin\S 180'G.S.\VE Study.doc 4L 2.1.1 We agree with the VE team's assessment of the pros and cons of slurry walls and secant pile walls. During preliminary design, we determined there was a lack of slurry wall contractors on the west coast. This alternative was deemed too risky from a cost standpoint. Now, a;year and a half later, the situation seems to be changing. The final geotechnical report is being completed at this time and our original decision is being reviewed. Whichever is chosen for detailed design, every effort will be made to enable and encourage alternate designs from contractors. 2.1.2 We agree with the VE team's assessment of the disadvantages of soil mixing and sheet pile walls. In particular, tiebacks would be required which are not practical for this site. 2.1.3 We see three independent issues being addressed in this proposed VE alternative. They are as follows: Issue 1 - A proposed cost savings by narrowing the main roadway section at the bridges, therefore changing the railroad bridges to one longer main span and two shorter outside spans. Issue 2 - Improved function (safety) by combining bicycle traffic with pedestrians on a wider sidewalk rather than combining them with vehicular traffic on a wider roadway. Issue 3 - Improved function (safety) by elevating the sidewalk above the roadway level through the underpass. In the VE study, all three items are combined into one proposal. However, at the VE presentation we heard strong opinions on the merits of the second and third issues by themselves. Therefore, in order to avoid delays later, we are addressing these items independently. Response to Issue 1 Quantitative: The first issue of the three span bridge is the most straightforward to respond to quantitatively. To start, we need to elaborate on the length of the main bridge span. The span given in the VE study is 54 feet consisting of 4 12-foot lanes, a 2-foot median and 2 feet shy between the outside lanes and the walls. This is actually just the clear span between the faces of the outside barriers, which would be approximately 1.5 feet wide. Assuming the fascia could be placed above the barriers, then the barriers themselves could be placed directly against the 4-foot wide structural wall. We further assume that the centers of bearing for this longer span would be at the centers of the 4-foot walls to avoid eccentric loading on the walls. The resulting span between centerlines of bearings would be the original 54 feet plus 3 feet for the two barriers plus 4 feet for half of the wall width at each end. Therefore, the railroad bridge girder design span would be 61 feet. Eliminating the 2-foot median, which we don't feel is required, gives a design span of 59 feet. The design span for the two-span option in the design report is about 41 feet. Without going into much greater detail, the general rule for these girders is one inch of depth for each foot of span. Therefore, the girders would be 18 inches deeper and the bottom of the girders would be 18 inches lower for the proposed 18 foot longer span. The result would be a profile that is 18 inches lower at the railroad bridges. Qualitative: There are some qualitative evaluations that can be made for this issue. Some of the qualitative evaluations concern the combined use sidewalk and the raised sidewalk, which are required parts of Issue No. 1. Evaluations of these two issues are discussed below in the Responses to Issues 2 and 3. Effect of Railroad Review on Schedule - One of the most challenging aspects of this project has been meeting with and getting decisions from the two railroads. Through a series of Technical Advisory Committee (TAC) meetings, which included representatives from both railroads, the project team was able to obtain concurrence on the design report from the railroads. The railroads have very standardized ways of doing things and require considerable information and time in order to approve a non-standard design. The team has cleared this hurdle with the two-span design in the design report. Changing the design at this point to the proposed three-span concept would cause a considerable schedule delay due to additional preliminary design and railroad review. The first necessity would be to perform preliminary design for the new superstructure configuration. With this, preliminary loads would be supplied to the geotechnical engineer to determine if the secant pile walls could support the greater loads and to determine the foundation types for the two new abutments. With these preliminary designs completed, preliminary plans for the revised superstructure and substructure would be presented to the railroads for review and approval. This whole process would take 1 to 3 months. The present schedule has a construction notice-to-proceed on 16 April 2001. Even a one month delay would push that date back to 16 May 2001 which would be after the 5 May 2001 deadline for commitment of Freight Mobility's $5 million in funding. This one-month delay could possibly be made up,but we feel the risk of starting this redesign and having a longer delay is just too great. Effect of Lane Tapers on Safety and Functionality -The roadway section at either end of the underpass is a 5-lane section including a two-way center turn lane. Under this proposal, the center turn lane would be deleted under the railroad bridges since no turns are possible and center piers are no longer required. As a result, a horizontal taper would be required at both ends between the 4-lane and 5-lane sections. Assuming tapers symmetrical about the roadway centerline, the 12-foot center lane would be reduced to zero with 150 foot long 25:1 tapers. 25:1 is the sharpest lane transition allowed by the Design Manual (Section 620.07 (1)). The sharpest rate of 25:1 was selected to maximize left turn storage, which will be discussed in the next paragraph. The disadvantage to this lane reduction, particularly at the 25:1 taper rate, is that it introduces a weave into an otherwise long straight road. This is deemed undesirable because it is less safe and will slow down traffic, impacting the functionality of the project. Effect of Lane Tapers on Left Turn Storage Length - As detailed in the design report, there are driveways;at Sta. 51+75 Rt. and 61+00 Lt. that will require center turn lanes within the underpass. The driveway at 51+75 is little used and far enough from the 4- lane section that there will be an adequate length of center turn lane to provide left turn storage. However, the driveway at 61+00 is one of two driveways for a 44 acre, 577,000 square foot warehouse complex. This entrance will be used extensively by semitrailer trucks. The reason the sharpest taper rate of 25:1 was proposed above was to maximize left turn storage for this driveway. The storage length for the original design would be from 200 to 250 feet. For this proposal, it would only be 100 to 150 feet long. With these storage lengths in mind, a rough storage length requirement can be calculated. From the traffic analysis for the project, existing DHV is 2790 for both directions with 1460 eastbound only. Assuming 50 left turns per hour with 30-percent being trucks, then the Design Manual requires 150 feet of storage length from Figure 910-9a and another 50 feet from Figure 910-9d. The resulting requirement is 200 feet, which is provided by the original design but not by this proposal. Although this analysis is fairly quantitative, it is considered qualitative because it is not a precise analysis. The Design Manual figure is for two lanes instead of four, the turning volumes are approximate because the driveway has not been completed yet, and the existing DHV was used rather than the design year. This qualitative assessment reveals that this left-turn storage length is marginal already. This proposal would only make it worse. Response to Issue 2 Qualitative: This is a more difficult issue to respond to quantitatively and therefore our response is primarily qualitative. The goal of this part of the VE proposal is to separate bicycle traffic from vehicular traffic in the more confined underpass section. This wider pedestrian/bicycle sidewalk could be either at the roadway grade or raised above roadway grade. Even though we recommended against the three-span section above, the elevated sidewalks can still be done within the original two-span section by providing short walls and fill to support the sidewalk within the "boat" section. We recommend not combining pedestrians and bikes for two reasons both related to decreased safety. For the vast majority of the South 1801h Street corridor, pedestrians use the sidewalks and bicyclists use the roadway. Suddenly combining the two for a 1000- foot stretch would likely have one of two unsafe results. Either the bicyclists will use the combined sidewalk as intended sometimes catching the pedestrians off-guard resulting in bicycle/pedestrian collisions or bicycle/vehicle collisions when the bicyclists return to the street. Or, more likely, the bicyclists will continue to use the street. When they stay on the street, they will not have a widened lane and will be much more at risk. Combined use sidewalks are useful when they occur for a long corridor. In this case it would be too short and lead to unsafe conditions whether it was properly used or not. Response to Issue 3 Qualitative Even without the 3-span section and without the combined sidewalk, it is still possible to raise the sidewalk above the roadway grade as described earlier with walls and fill within the boat section. At the VE presentation, we heard the panel express the feeling that this separated sidewalk would provide a safer feeling for pedestrians. Again, we recommend not using this portion of the proposal for several reasons. First of all, it adds cost to the project. With everything else unchanged, raising the sidewalk within the boat adds the costs of the walls and fill necessary to raise the sidewalk. Although the raised sidewalk would make pedestrians feel safer, it would not actually make them safer. At the same time, the raised sidewalk would decrease safety for bicyclists in the underpass. Confining the bicyclists between vehicular traffic and a wall would make the bicyclists less comfortable and result in more serious accidents if a bicyclist was hit. Lastly, having the sidewalk and roadway at the same grade gives safe access and egress for anyone on the roadway. This could be someone whose car has broken down, a bicyclist who chooses to walk their bike out after getting into the underpass, or workers who need access to the roadway for maintenance or inspection. 2.1.4 We agree with the VE team that it is desirable to eliminate the struts if possible. However, struts were adopted during preliminary design as a way to reduce wall costs and therefore it was already determined that deeper or thicker walls without struts was not cost effective. Per the response to 2.1.3, the stepped walls are not an option either. 2.2.1 Shannon and Wilson researched this possibility and determined it was not cost effective. This is similar to a portion of the CANT project in Boston. In Boston, they had to pass three tunnels under AMTRAK and Commuter Rail tracks. There was no room to shoofly the tracks, even temporarily, nor could any track be taken out of service, even temporarily. So, their only alternative was to go under. They first dug jacking pits. Then they built 80-foot long tunnel sections in the jacking pits,jacked them into place, and then built the next 80-foot section and jacked it into place, while they used a road header to remove the soil inside the tunnel section. One tunnel section is about 320 feet long, the rest are a bit shorter. Their costs, which includes soil freezing to minimize track movement, etc., amount to about $50,000/lin. foot. At S 180th street, we would have to jack a tunnel section from about 20 feet east of BNSF RR to about 20 west of UPRR, for a total length of about 175 feet (assuming that the new BNSF Track is 15 feet east of the existing east track). The estimated construction costs: $9,000,000- for 3 BNSF Tracks. Compare this with about $2.5M in shoo-fly and RR bridge costs under the original plan. The grades would work out such that the entire project would have to be about 200 +/- feet longer (although not in a tunnel - the additional length would be in boat sections), so there would not be significant savings, if any, in excavation and the seal. 2.2.2 This was. suggested;during preliminary design and rejected by the railroads. The curves would not work with the desired train speeds and the opportunity for the railroads to expand would be greatly restricted. 2.2.3 We agree with the VE team that shooflying two BNSF tracks rather than three is highly desirable. If at all possible, the shoofly will be constructed before the third track is operational. The resulting shoofly would be two BNSF tracks and one UP track all at one time if possible. If this can be done, there would be savings in shoofly costs. There would also be savings in time since both bridges could be built at once. At this time, it is still uncertain what the schedule is for third track construction. Meetings are planned in the near future to determine the schedule for the proposed new third BNSF track. 2.2.4 This proposed alternative was considered during preliminary design. It was determined that it is feasible to build railroad bridges as described in the proposal. However, the increased costs associated with this construction method would likely surpass the savings from eliminating the BNSF shoofly. The primary difficulty with this method is that the construction all takes place very close to active tracks. Since there are 40 to 60 BNSF trains a day passing through the area, there would be many construction delays to clear all men, material, and equipment from the clear zone as each train passed. 2.2.5 This was also briefly considered during preliminary design. The railroads were not interested due to the scheduling difficulties of combining 3 tracks (or possibly four tracks) worth of traffic onto one track. The crossovers would likely fill wetlands to the north and on the south would be too sharp to get into BNSF's rail yard. 2.2.6 Again, as in the previous proposal, the railroads are not interested in scheduling so many trains onto one track for this length of time. It may be theoretically possible, but in practice would be very difficult to implement. 2.3.1 We agree with the VE team that it is feasible to use tiedowns or anchors to reduce seal thickness. We also agree that the only cost effective approach is soil mixed anchors and this would only be cost effective if the seal is also soil mixed. This possibility will be discussed further in the response to alternative 2.3.5. 2.3.2 Reducing the thickness of the seal is a goal we have had from the beginning. Reducing the thickness of the gravel base is one of the most likely ways to do this. We agree with the VE team that this alternative can be implemented, but only if the water and gas lines do not need to be relocated back into the roadway section. Coordination with the utilities is ongoing at this point and no final determination has been made yet. All parties have acknowledged that there are pros and cons to leaving the utilities outside the roadway prism and to putting them back within the roadway. Whatever the outcome, the design will be optimized to minimize the depth of gravel needed. This could very well involve perforated 12-inch drains as proposed. 2.3.3 We agree with the VE team that the cost savings of this proposal do not justify the reduced function of the subdrain system. 2.3.4 This was suggested during the preliminary design phase. It was acknowledged that there is some friction between the seal and the walls, however, it still hasn't been determined if we are willing to rely on it. If we do agree to rely on it, then this proposal will be implemented. 2.3.5 There are two alternatives given here. The first is dewatering inside the walls before the seal is complete. This would result in far-reaching groundwater drawdowns in the vicinity that would cause unacceptable settlements and damage to wetlands, adjacent buildings, and the railroad tracks. The second suggestion of deep soil mixing is being strongly considered. Shannon & Wilson is analyzing the possibility of using deep soil mixing for the seal. They expect to make their recommendation within the next two weeks. If they recommend it and the design team determines the risks are acceptable, then we will incorporate this proposal. 2.3.6 This is not feasible for the reasons stated in 2.3.5. 2.3.7 See response to 2.3.2. 2.3.8 We agree with the VE team that this would be a way to reduce the seal thickness. We considered it during preliminary design and did not make a decision on whether or not to use it. Most likely it will not be used because the seal will likely be poured under water or built with soil mixing, neither of which are practical for installing reinforcing. 2.4.1 This alternative is tied in with alternative 2.4.2. If we were to stay with precast fascia walls, we would look at hanging them on the walls and see if that could be done less expensively then making them taller and resting them on the seal. However, we are accepting 2.4.2 and therefore the precast panels are no longer an issue. 2.4.2 We accept the VE team's proposal to change the material of the fascia. We will review this further, but we believe we will most likely chose shotcrete for the fascia. 2.5.1 See response to 2.1.3. 2.5.2 We accept the VE team's proposal to use existing roadway fill for constructing the shoofly. We will carefully examine all the subsurface profiles and use as much excavated roadway material as possible for the shoofly fill. 2.5.3 We agree this could save time and money and we will leave it as an option for the contractor. However, several alternatives are being considered which could also greatly reduce the amount of soil that needs to be transported off site. These were discussed earlier and include deep soil mixing and reuse of excavated material for shoofly fill. If possible we will incorporate both of these proposals and greatly reduce offsite transport. 2.6.1 See response to 2.1.3. 2.6.2 Permanent bollards will protect both ends of the trail bridge and load limit signs will be posted. 2.7.1 We agree with the VE team that utility relocation is a critical issue and doing them ahead of the main contract would be advantageous. We are well into utility coordination already, but so far there are still too many unknowns to permit final utility relocation design. When the unknowns are settled, every attempt will be made to move utilities ahead of time. 2.7.2 We agree micro-boring outside the walls is worthy of further consideration, whether for temporary or permanent relocations. For temporary relocations, the main question is whether its greater accuracy versus jacking is worth the added cost. For permanent relocation, the question is ease of access for utility maintenance. If the utility owners can live with access difficulties under and between the tracks, then we will certainly pursue the cost saving of one time only relocations. 2.7.3 Again, we agree with the potential savings of a one-time relocation, but it is dependant on the willingness of the utility owners to accept more difficult maintenance access. 2.8.1 The gravel base proposed in the preliminary design has two functions, both of which depend on its depth being 6 feet. The first is that its weight is added to the weight of the tremie seal to counteract the buoyancy force. Any reduction in the gravel depth would need to be compensated by a nearly equivalent increase in seal depth. The second reason for the six feet is to satisfy the allowable clearances and covers for the utilities and storm drains. Having said this, we are still trying to reduce the gravel depth. If deep soil mixing is used for the seal, the depth of gravel over the seal can be reduced to as little as 6 inches. This is because the soil mixed seal can serve the dual purpose of seal and utility envelope. This is because the soil mixed concrete can be trenched and the utilities can be set into the seal and backfilled with controlled density fill. 2.8.2 We agree with the advantages of placing the pump station outside of the walls. We are looking at the design of Renton's existing Oaksdale Ave. pump station and seeing if is practical for this project. We are also looking into a way of placing the pumps outside the walls but at the surface and pulling the water up rather that pushing it up from the bottom of a deep manhole. 2.8.3 We intend to incorporate an emergency power generator into the project to avoid pump downtime. 2.8.4 We intend to incorporate the use of 12-inch slotted drains to act as sub-drains, collectors for wall drain tiles, and for conveyance of surface water runoff. This should decrease storm drain costs and help reduce the depth of gravel subgrade. 2.8.5 We will make the construction sequence, dewatering plan, water disposal plan very clear and concise in the specs and in the plans. 2.8.6 We do not think the box culvert can be used (see response to 2.10.3) so this proposal is also not feasible. 2.9.1 BERGER/ABAM plans, schedules and budgets for in-house independent 95% reviews by experienced senior engineers for all projects. This will be a critical part of the quality assurance for this project. Constructibility is also being considered throughout the design, including meetings with contractors experienced with this type of project. 2.9.2 We are pleased the VE team has confirmed the use of South 1961h St. as a detour route. We continue to coordinate with Renton and Kent to set up the detour(s) to provide the least possible disruption to the travelling public. 2.9.3 We are pleased that the VE team has confirmed our choice of an underpass as being superior to an overpass. 2.9.4 We agree with the VE team that adherence to schedule is critical to this project's success. Where work by others is part of the project, agreements will be written to make clear when the work by others is to be performed. Where possible, penalties will be incorporated to encourage meeting the agreed to schedule. 2.9.5 We will incorporate the VE team's cost avoidance recommendations. 2.9.6 Use of haul in or out by rail will be up to the contractor. The plans or specs will make mention that it is possible but beyond that, it will be the contractor's responsibility to pursue it with the railroads. 2.10.1 We do not propose raising the sidewalks in the underpass (see response to 2.1.3) so this proposal is not feasible. 2.10.2 The added utility costs will be incorporated as needed once its determined who is paying for them. 2.10.3 We agree with the VE team that it is desirable to use this asset if possible. However, we do not feel it will be feasible to use any of it. We do not yet know the exact depth of the seal in that location, but we do not anticipate it being enough to serve as a detention/wet vault. If we construct the seal by soil mixing, we will likely have to replace the entire structure with controlled density fill to make the seal work. As for the utility corridor, we assume the VE team meant for north-south utilities. While this might work between the walls, the wall depth would still be deeper than the culvert, therefore blocking the utility path. 2.10.4 We have attempted from the start to minimize future maintenance costs. The biggest efforts we can make to achieve this are to minimize use of steel that requires painting and apply anti-graffiti coating to the walls. 2.10.5 Anti-graffiti coating will be used on the walls and fencing will be installed to discourage access to the struts. The struts might also be shaped such as to be very difficult to walk on to further discourage climbing the fence to walk on the struts. 2.10.6 The list of risk assessment items will be consulted during final design to help focus efforts on the most important areas. tr '� use vi y BERGER ABAM ENGINEERS INC. Feder Ninth Avenue South - Suite 300 BERGER/AB" federal Way, WA 98003.2600 E N G I N E E R S I N C. MR ALL Fr, n1TYNN RE�E��E� CITY OF RENTON 1055 SOUTH GRADY WAY DEC 18 2000 RENTON WA 98055 CITY pF RENTpN IJTILITV SYSTEMS 39��:n5-3232 69 PLANNING BERGER/AB" ENGINEERING ENVIRONMENTAL ENGI NEERS I N C. RECEIVE[ PROGRAM MANAGEMENT DEC 18 2000 Transmittal Memorandum CITY OF RENTON UTILITY SYSTEMS To of -�) Date 14 Dom• ZCP0 ;1105 Soffit Project G. I ec�" S+. GIs IBC W4• �1�5� Our Number A 8'�" Attention L - Your Number Regarding -� J 4 UM I am forwarding n Prints ❑ Originals Reproducibles ❑ Photocopies ❑ Other _ Quantity I IDNumber Date Descripflon Remarks rat u,8 m'vx t^n tZN " ,d�1 4 G o� �.P,,,v4tn, Lox Ir aAH dtirlopEd --� % ?XY0 cy-cuvxd TOM . i-, VIM oc: ," Wits., C J � Y, _ By VLo a- aCln 0AY14 s. BERGER/ABAM Engineers Inc.,33301 Ninth Avenue South•Federal Way,WA 98003-6395 210695 Phone 206/431-2300•Fax 206/431-2250 ��,✓3hi �{ - 3 C9 S�� y Honor the past. to Celebrate the present. Imagine the future. C e+Te4UAi ai/ January thru December, 2001 City of Renton • 1055 South Grady Way • Renton, WA 98055 phone: 425.430.6400 • website: www.ci.renton.wa.us RETURN ADDRESS: Puget Sound Energy, Inc. Attention: R/W Department, OBC-11 N PO BOX 97034 Bellevue, WA 98009-9734 EASEMENT REFERENCE#: GRANTOR: CITY OF RENTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW SECTION 36,TWNSHP 23N, RNGE 04E,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 362304-9002 For and in consideration of One Dollar($1.00) and other valuable consideration in hand paid, CITY OF RENTON, a Washington municipal corporation (Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KING County,Washington: EXHIBIT`A'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein)described as follows: An Ea6GFn8Rt AFea feet in width having feet of suGh width on eaGh side ef a raentedffine THE SOUTH 25 FEET OF THE PROPERTY AS DESCRIBED IN EXHIBIT`A'. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. - 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period'of time from the date hereof. UG Gas&Electric Easement 11/1998 WO#101007336/OFN 28550 Map 2304E142 ses City of Renton W0#101007336/OFN 28550 6. Successors and Assigns. Grantee shall have the right to assign,apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2001. GRANTOR: The City of Renton,a Washington municipal corporation Attest: BY: Its Mayor STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 2001, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared — and ,to me known to be the Mayor and of the municipal corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins 0 �o 'i's'��irsra►��a �s'►Z :�►1��4f*��t.;�;��;►=�s;;�=,f►3►;►j'��►*►�►$►��s►ri►s►t►�►�►*�*►�►;►;►Z►;►f►a�s�►E►�� r'•�� ► � . . � ► � � � .► �.,�.-f.�� ►i�� P: , � � ► �*1 �� � . ► � ► � � o � �� ,. r ►��tf��Z��z�3��E=�..sLTcz - rr _ u r � ! e ! 1 ! _� ��.®c � �, o�...n.A A �M o.�A A •AAA f rI A A A f f f.�fe f, f �yff f. S�f.� f �l.�f. f. ��A�.f� �Z►•s_�'='aaa'�Z►sZa��rlc�3►a ���►���Zass�► ►sis•�•s�• �� � S. 1.� �P. ►j:=► j ;: ._:_. �_'�� - �<Il�i•�1 S'S D• a V''T•A"O A' A's•A'f' • A'A•t+"A•�►9•�'i'r"sf"I � tLG;�.y � _ �/ •' o KING COUNTY �...%p,�Rm..> KQ 2021 DEPT. OF ASSESSMENTSE NW 36-23-4 rSW 25-2344 ..... SCALE 1•-Ioo' L.a. 'ran ur E 88 M•e® ��l ' ir .+ E REM eR aN.TS Te0TMe001 i f t • a' I Or TU SRSe-3-3Sc AS *I eemeone 3 14• W r�' i,4 I��i" �R✓ L '�'+•M O �' o I Z+ Jll ad r.. �1 ______--____ . --m �t.. ^ ..:.n' F'•••W• • A .•�i_I', •� a!�` ..S.W {3 R'0.' SST '� M 2wl r r•N ♦' __ u ` 1 __ '•`},„, �� r.,., i..x�s. "�... •" .. �i•mac ;�ror_ ` .00 9-6 SAI ��- O k e �' "� `•�r» i i•�'1<�i yam» � � � ». 1..ri 't > �t�6�---1�..ten— ® �\w 4q 1 r �''� 3 ' I i I .�'° I i r •+'�'`♦ _ \' TMe 7ArIsWMu O.w•G1.3 i' 1 1 ✓ » �W Z/... �'_ tto f� S•• i� »»r _��' \ ` �`._� PPS•' it .✓�♦f, � .. -I r+ L, � � s r .Q • � "•.•,�,�. �`�\` _ ��:%,•�• t P 6G�5 °�� y7I� I �. :•� laes JR�or 1 �..ti �iPiwN V OL ° ^•M� tl i I Y WED) 1 0 •tp'plo - Is � le sS qJ w t i 'jppiz�Tri P „ to 1 t Y:� r e1, / �' IE S O ° - ! •!•t".Y•• 1 TR.a N� •" �. �•, y SW1 38-Y.il.'4 _. .n�°.•f c� 'i- .. EXHIBIT 'A' Attached hereto and made a part hereof Easement dated , 2001, by and between City of Renton, as Grantor and Puget Sound Energy, Inc., as Grantee. THAT PORTION OF THE NORTHEAST '/a OF THE NORTHWEST 1/4 OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE NORTHERN PACIFIC RAILROAD RIGHT- OF-WAY AND LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET; (FORMERLY CORD), 114 FEET; THENCE NORTH 30 FEET TO THE NORTH LINE OF AFORESAID STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 644.78 FEET; THENCE NORTHERLY ON A STRAIGHT LINE, PARALLEL TO THE EASTLINE OF SAID NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY,TO THE NORTH LINE OF SAID SECTION 36 AND THE TERMINUS OF SAID LINE; EXCEPT THE SOUTH 30 FEET THEREOF; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST '/a OF THE NORTHWEST'/a; THENCE NORTH 30 FEET; THENCE WEST, PARALLEL WITH SAID SOUTH LINE OF SAID SUBDIVISION, TO A POINT 69.95 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID OLD MAIN LINE TRACT CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 213.40 FEET; THENCE WESTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 20.95 FEET TO A POINT DISTANT 50 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE; THENCE SOUTHERLY, ALONG A LINE 50 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. RE: APN 362304- 9002 WO# 101007336/ OFN 28550 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 12, 2002 TO: Larry Warren FROM: Allen Quynn SUBJECT: Puget Sound Energy-Proposed Utility Easement for S. 180 Grade Separation Project Please review as to legal form the enclosed draft utility easement from Puget Sound Energy (PSE). The easement is located on the north side of S. 180th St (SW 43rd St. in Renton) and includes the southerly 25 feet of a parcel owned by the Surface Water Utility(see enclosed map). I have a few concerns regarding the language in the easement: • What does the word "nonexclusive" mean in the first paragraph? Does it mean that other utilities must ask permission and/or compensate PSE to gain access to the easement area to build and maintain their own facilities? If it simply means that other utilities have the right to a obtain a utility easement from the City then I feel we should make it clear in the easement language that PSE should be required to coordinate with other utilities. • Under Number 2 of the easement, PSE has the right to cut, remove and dispose of vegetation in the easement area. I'm not sure what is proposed under the grade separation project's landscape plan, but if tree or bushes are to be planted in the easement area then obviously PSE shouldn't be given the right to remove them. • Number 3 prohibits the City from constructing or maintaining buildings and structures in the easement area without prior written consent from PSE. As part of the grade separation project, the City will construct and ultimately maintain a pump house, storm pipe and manholes. I don't think we should be required to obtain PSE's permission every time we do maintenance to our facilities or decide to upsize or add storm pipe to improve drainage in the future. Once again, maybe the language should say that we will coordinate with PSE in the event the City decides to add new storm facilities beyond what is proposed under the S. 180th Grade Separation Project. • Should we require PSE to get an appraisal and pay the City fair market value for the easement? Please call me if you have any questions (425)430-7247. cc: Tom Boyns C:\TEMP\2002-034.doc\a CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 26, 2001 TO: Ron Straka FROM: Tom Boyns, X 7209 , SUBJECT: REVIEW OF PUGET SOUND ENERGY PROPOSED EASEMENT S 180TH GRADE SEPARATION PROJECT Please review the accompanying request for easement. This is a very standard form and the request is for an easement over the south 25 feet of the parcel. This is the portion of the property that we believe was identified earlier for use by the project. Thank you. �D' U �/�, PUGET SOUND ENERGY December 13, 2001 DEC 1 � 2�a1 Cu IT�Y S ST1E O City of Renton Public Works Department Attn: Property Services 1055 South Grady Way Renton, WA 98055 RE: South 180d`Grade Separation Project Assessor's Parcel Number 362304-9002 To Whom It May Concern: As you know,the Cities of Renton,Tukwila and Kent,together with the Union Pacific and Burlington Northern Santa Fe Railroads(BNSF RR),are involved in the process of a grade separation project to provide increased safety measures and improve traffic flow over SW 43`d Street(South 180d'Street),between 72°d Avenue South and 76`h Avenue South. As a part of the project,Puget Sound Energy(PSE)will be relocating,converting and upgrading some of its electric and gas facilities along the subject roadway. The project design requirements effect a portion of the City's property easterly and adjacent to the BNSF RR Right of Way. In order to fulfill the design for electric and gas lines,Puget Sound Energy will have to move the existing facilities from the public right of way on to public property along the North side of the roadway. In the process,a 6-inch MPE IP gas main will be installed with the present facilities. A sketch of the proposed area is attached for your review. Enclosed are two(2)copies of PSE's standard easement. Upon the City's approval,please have one copy executed by the City's authorized signatories and return to me for recordation in the enclosed envelope. After recording of the document with King County a conformed copy will be sent to the City for its file. Should you have further inquiries,please contact me at(425)456-2572 or sscott@Puget.com Your kind assistance in this process is sincerely appreciated. Regards, Sharon Scott Right of Way Representative Enclosures Puget Sound Energy,Inc. • P.O.Box 97034 • Bellevue,WA 98009-9734 EXHIBIT "A' Attached hereto and made a part hereof Easement dated , 2002, by and between City of Renton, as Grantor and Puget Sound Energy, Inc., as Grantee. THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE NORTHERN PACIFIC RAILROAD RIGHT- OF-WAY AND LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET; (FORMERLY CORD), 114 FEET; THENCE NORTH 30 FEET TO THE NORTH LINE OF AFORESAID STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 644.78 FEET; THENCE NORTHERLY ON A STRAIGHT LINE, PARALLEL TO THE EASTLINE OF SAID NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, TO THE NORTH LINE OF SAID SECTION 36 AND THE TERMINUS OF SAID LINE; EXCEPT THE SOUTH 30 FEET THEREOF; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 30 FEET; THENCE WEST, PARALLEL WITH SAID SOUTH LINE OF SAID SUBDIVISION, TO A POINT 69.95 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID OLD MAIN LINE TRACT CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 213.40 FEET; THENCE WESTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 20.95 FEET TO A POINT DISTANT 50 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE; THENCE SOUTHERLY, ALONG A LINE 50 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. RE: APN 362304- 9002 WO# 101007336/ OFN 28550 ��Al � .� go 41 CITY OF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM RECEIVED T„- Allen Quynn FEB 19 2002 CITY OF RENTON From: Lawrence J. Warren, City Attorney UTILITY SYSTEMS Date: February 15, 2002 Suhiect_ Puget Sound Enerav - Pronosed Utility Easement for So_ 180th Grade Separation I question why Puget Sound Energy needs an easement in the first instance. PSE has a franchise with the City that permits them to utilize the City right-of-way for their poles. We are having a significant fight with PSE about the extent of its franchise, as well as its tariffs with the WUTC. If we find it in our interest to grant the easement, then I will answer your questions about the form of the easement. I) Your first question concerns the word nonexclusive in the first paragraph. There is no real issue involved since the grant is a nonexclusive grant from the City to PSE and would allow us to grant other easements to third parties. 2) Under Section 2 of the easement, you are concerned about the right of PSE to cut, remove and dispose of vegetation. We could expand the language to include a phrase something similar to the following... "that interferes with or likely is to interfere with the lines of PSE, but such removal will be only after notice to the City and approval of the City, which will not be unreasonably withheld". 3) Under Section 3 we need to clearly set out where our structures are and that the language relates only to other and different structures. 4) With regard to payment the fair market value of the easement, this easement is simply moving the current right that they have to another location. As long as the City currently owns the right-of-way, and PSE is proceeding under the franchise, I don't think we need to charge fair market value for the change in use of the right-of-way. However, if PSE insists on an easement, I would require payment. went° Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX 425-255-5474 �ph 0 This paper contains 50%recycled material,30%post consumer l(elA •r 2/15/02 Page 2 If you have any further questions, please let me know. Lawrence J. W en LJW:tmj cc: Jay Covington Lys Hornsby Gregg Zimmerman T10.33:39 T.23N. R.4E. W.M: o o O CITY OF R��T®N O s ---------------------- © (— (—(�' CD 'i� () O .�. T EMSTINO DRAINAGE EASEMENT- -- I 7 .: R /.•,.`. PROPOSED U (70 LIT ---------------- -----------_.----_________-____ 1: •' � _ r. ,, .. •�..�."...-.......°.r.��•.�...•.•..-. .<..�...•.° -YSL........•..I..•........................�Yt:,•L'•1•L'iu'L'�'•JL L_Jam[ Lt.[tJ..-i.Y3 J Y— -.t_[�__——__ i'N ----!• ------ _ —---- — ul 'oSSEasDs z p • .........I I 4 s ea�xx•Is<E —+ -- — s eeve'�s'E — sw TJflD s.Ie08I) ' ___-----------__-- ---- _ CITY OF FiGNTON _- ._�.._-....__�- -_---- W p — .......r..:r.r..vr.-- ^..—r r. .... ..-r. .— ..-r.... f- Y.-............ .r....—.....-x.. :... ....:::...--...a..—.7--. .;-----------_ ___--_-- -_----..__- ___-___ -- - ___ ____•- i 50.00 R .•••.• (50.001 RI :';` DRAINAGE ___O� KENl' ::. ii o 'i n � i :'.: �- �ASEMENi�/� � b N EASEMENT (50.00�RI) 2S}.�1 !! 1 2 p PROPOSED !; C I ACCESS OIM ' EASEMENT I COMM. I BIDG 1� � . BLDG - ' 3! B i li •1 � i , TH S MAP IS NOT INTEI IDED TO REPRESEI,T TH PRECISE LOCATIC III OR THE EXTENT -OF PUGET SOUND ENE 3GYS PRESENT ` CITY OF KENT i •:, I OR FUTURE FACILITIE . i• :i 1: .... .. .................................................................................... ������ �� •.:...."......" ............................... ` FOR PARCEL 16 SEE SIIEEi 1 ' U t W RAUIpM _ 1. 4 I 1 7 M y RIIRUM t1i , ' t [IIY OC P[Illgl Ix]�IT7 t CIS s pw wk o ge �e:Sn LEGEND 1[ PS<!MHIOPY[NI PMII[RS IF 1)M7l 11 p.f1R PMR COUPMY 11 1{ rtY AveY WG J]/4 Ml J—DTI jl PRIPU[y G1N[RSHP[W9p1i 40 0 10 e0 PMC[L N0. NACK 1014 MEA R I YNNq.R R US[YCNI OWNERSHIPS "k Mces a1MRN w souiAc nc1 n'(rgln I"% SCALE IN FEET 4w r11AL.L V C) \]E<7 E)J-7.P�. CONSULTANTS RIGIMOF-WAY PLAN —1 3 s_ xxTBnnu�Nl7Esamt-EN GIN EERING-STREETS-WATER-SEWER-PARI<5-p UILgING- SHEET2 ce.<s<M aP i s 1 .M i f FEOERnLWAY•W1151NNOTON al 3 or 4 C�}��?� 1••1<^c<^c wins PptGEI[IAMAt Reooueoo tns VOICE:(My%I.2300 SOUTH 1001h STREET GRADE SEPARATION RNMr FAX,12oMN31•2150 . I.1. aaJ<Ima J.la xS-J.n-ImM RETURN ADDRESS: Puget Sound Energy, Inc. Attention: R/W Department,OBC-11 N PO BOX 97034 Bellevue,WA 98009-9734 EASEMENT REFERENCE#: GRANTOR: CITY OF RENTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW SECTION 36,TOWNSHIP 23N, RANGE 04E,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 362304-9002 For and in consideration of One Dollar($1.00)and other valuable consideration in hand paid, CITY OF RENTON, a Washington municipal corporation (Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property"herein)in KING County,Washington: EXHIBIT'A'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: An Easement Area feet in width having feet of GUGh width ^ a.h s-.do of G811t8F'Ine n THE SOUTH 28 FEET OF THE PROPERTY AS DESCRIBED IN EXHIBIT'A'. Except any portion lying within the right of way of SW 43`d Street(S. 180th Street). 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may,from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5)successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. UG Gas&Electric Easement 11/1998 WO#101007336/OFN 28550 Map 2304E142 ses City of Renton WO#101007336/OFN 28550 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2002. GRANTOR: The City of Renton, a Washington municipal corporation Attest: BY: Its Mayor STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2002, before me, a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared _ and ,to me known to be the Mayor and of the municipal corporation that executed the within and foregoing instrument,and acknowledged the same to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins RETURN ADDRESS: Puget Sound Energy, Inc. Attention: R/W Department, OBC-11 N PO BOX 97034 Bellevue,WA 98009-9734 i, ��,/� EASEMENT REFERENCE#: GRANTOR: CITY OF RENTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW SECTION 36, TOWNSHIP 23N, RANGE 04E,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 362304-9002 For and in consideration of One Dollar($1.00)and other valuable consideration in hand paid, CITY OF RENTON, a Washington municipal corporation (Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein)in KING County,Washington: EXHIBIT'A'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein)described as follows: dAF;ArffihRd RR THE SOUTH 28 FEET OF THE PROPERTY AS DESCRIBED IN EXHIBIT'A'. Except any portion lying within the right of way of SW 43'd Street(S. 180'h Street). 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. UG Gas&Electric Easement 11/1998 WO#101007336/OFN 28550 Map 2304E142 ses City of Renton W0#101007336/OFN 28550 6. Successors and Assigns. Grantee shall have the right to assign,apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2002. GRANTOR: The City of Renton, a Washington municipal corporation Attest: BY: Its Mayor STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2002, before me, a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared _ and ,to me known to be the Mayor and of the municipal corporation that executed the within and foregoing instrument,and acknowledged the same to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins EXHIBIT "A' Attached hereto and made a part hereof Easement dated , 2002, by and between City of Renton, as Grantor and Puget Sound Energy, Inc., as Grantee. THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE NORTHERN PACIFIC RAILROAD RIGHT- OF-WAY AND LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET; (FORMERLY CORD), 114 FEET; THENCE NORTH 30 FEET TO THE NORTH LINE OF AFORESAID STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 644.78 FEET; THENCE NORTHERLY ON A STRAIGHT LINE, PARALLEL TO THE EASTLINE OF SAID NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, TO THE NORTH LINE OF SAID SECTION 36 AND THE TERMINUS OF SAID LINE; EXCEPT THE SOUTH 30 FEET THEREOF; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 30 FEET; THENCE WEST, PARALLEL WITH SAID SOUTH LINE OF SAID SUBDIVISION, TO A POINT 69.95 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID OLD MAIN LINE TRACT CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 213.40 FEET; THENCE WESTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 20.95 FEET TO A POINT DISTANT 50 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE; THENCE SOUTHERLY, ALONG A L INEE 50 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. RE: APN 362304- 9002 WO# 101007336 / OFN 28550 PUGET SOUND ENERGY February 20, 2002 R ciry of RFaroN E C E 1 V E p FEB 2 7 ?002 City of Renton eUl LD1NG DIVISION Public Works Department Attn: A. Gwinn, Property Services 1055 South Grady Way Renton, WA 98055 RE: South 180`h Grade Separation Project Assessor's Parcel Number 362304-9002 Dear Mr. Gwinn: The enclosed easement area representation is provided at your request for replacement of the map sent with our original request. This is taken from the right of way plan sent to us by the City of Tukwila. The drawing indicates the"dipped area"to be the configuration of the right of way line and the property line of Renton's parcel. A representative of the City of Tukwila confirmed its identity as well. I trust this meets the expectation of your request. I have attached a copy of the easement sent to you previously,with the addition of a qualifier in the easement description and the addition of 3 feet to the easement area to compensate for the right of way configuration. We have received information that the construction of this project is to begin next week. It is our hope that this easement will be approved and returned to Puget Sound Energy as quickly as possible. Upon receipt of the fully executed document,we will record the easement and then forward a conformed copy to you for City records. Should you have further inquiries,please contact me at(425) ^._ =r72 or sscott cr)pu eg_t.com. Thank you for your time and efforts in this matter. Your timely response is sincerely appreciated. Regards, Sharon Scott Right of Way Representative Enclosures DEVELOPMErW PLtANNiNG CITY OF RENTON FEB 2 5 :.. RECEIVED Puget Sound Energy,Inc. • P.O.Box 97034 • Bellevue,WA 98009-9734 F PUGET SOUND ENERGY pEG 1 � 24a1 December 13, 2001 OF RF TON GUN tiN SYSTEMS City of Renton Public Works Department Attn: Property Services 1055 South Grady Way Renton,WA 98055 RE: South 180d`Grade Separation Project Assessor's Parcel Number 362304-9002 To Whom It May Concern: As you know,the Cities of Renton,Tukwila and Kent,together with the Union Pacific and Burlington Northern Santa Fe Railroads(BNSF RR), are involved in the process of a grade separation project to provide increased safety measures and improve traffic flow over SW 43`d Street(South 180d' Street),between 72°d Avenue South and 76`h Avenue South. As a part of the project,Puget Sound Energy(PSE)will be relocating, converting and upgrading some of its electric and gas facilities along the subject roadway. The project design requirements effect a portion of the City's property easterly and adjacent to the BNSF RR Right of Way. In order to fulfill the design for electric and gas lines,Puget Sound Energy will have to move the existing facilities from the public right of way on to public property along the North side of the roadway. In the process,a 6-inch MPE IP gas main will be installed with the present facilities. A sketch of the proposed area is attached for your review. Enclosed are two(2)copies of PSE's standard easement. Upon the City's approval,please have one copy executed by the City's authorized signatories and return to me for recordation in the enclosed envelope. After recording of the document with King County a conformed copy will be sent to the City for its file. Should you have further inquiries,please contact me at(425)456-2572 or sscott(cr�,.puget.com. Your kind assistance in this process is sincerely appreciated. Regards, Sharon Scott Right of Way Representative Enclosures Puget Sound Energy,Inc. • P.O.Box 97034 • Bellevue,WA 98009-9734 r EXHIBIT "A' Attached hereto and made a part hereof Easement dated , 2001, by and between City of Renton, as Grantor and Puget Sound Energy, Inc., as Grantee. THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST'/4 OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE NORTHERN PACIFIC RAILROAD RIGHT- OF-WAY AND LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET; (FORMERLY CORD), 114 FEET; THENCE NORTH 30 FEET TO THE NORTH LINE OF AFORESAID STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 644.78 FEET; THENCE NORTHERLY ON A STRAIGHT LINE, PARALLEL TO THE EASTLINE OF SAID NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY,TO THE NORTH LINE OF SAID SECTION 36 AND THE TERMINUS OF SAID LINE; EXCEPT THE SOUTH 30 FEET THEREOF; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST '/a; THENCE NORTH 30 FEET; THENCE WEST, PARALLEL WITH SAID SOUTH LINE OF SAID SUBDIVISION,TO A POINT 69.95 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID OLD MAIN LINE TRACT CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 213.40 FEET; THENCE WESTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, A DISTANCE OF 20.95 FEET TO A POINT DISTANT 50 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE; THENCE SOUTHERLY, ALONG A LINE 50 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO SAID OLD MAIN LINE TRACT CENTERLINE, TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. RE: APN 362304- 9002 WO# 101007336 / OFN 28550 - t' King,WA 2000-2001-23-04-36NW,Sheet:1 of 1 - i I q / r,';? j�� NEI 35 23-4 �{p LS a� r'o'Y § -'�+F .« e� �'• � . I'�` f I ��©s 1� t�.. �.>a•• -� v. 01 rn 4. JI ddiIf I ; T E R V E R ..> '7 • � ' > 4a... SR 181 LY' ....n. w.•. �N i �9 ., r : ' i , u __ "_"` g • i is Y wrNur goo a-ALAM S `. P i u.ul v) p l a iwRJ � Ora*a Aw ww w ev BmUNI°R nark an. •� __--- —P. p.Y fl�k rl x(, E,F. 'e .�.w�e✓ ~ o ,T•, IN �'�'� �_,_ �• ��� -��- 06-� � '� £ �; illy �F /e��l��✓ w mnar.-r ra.l wnai°R no.!ma•a-or _`•"• �! e••••• - `�• t.,MAL nRDJSTmiONa� cr mNO�EY s-23.- 'y M2 wLw-M. •`� 12!!TI RETURN ADDRESS: Puget Sound Energy, Inc. Attention: R/W Department,OBC-11 N PO BOX 97034 Bellevue,WA 98009-9734 EASEMENT REFERENCE#: GRANTOR: CITY OF RENTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW SECTION 36,TWNSHP 23N, RNGE 04E,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 362304-9002 For and in consideration of One Dollar($1.00) and other valuable consideration in hand paid, CITY OF RENTON, a Washington municipal corporation (Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KING County,Washington: EXHIBIT`A'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein)described as follows: An Easement AFea feet in width having feet ef GuGh width on eaE;h side ef a GeF;teF!*re THE SOUTH 25 FEET OF THE PROPERTY AS DESCRIBED IN EXHIBIT'A'. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. - 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee,but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period'of time from the date hereof. UG Gas&Electric Easement 11/1998 WO#101007336/OFN 28550 Map 2304E142 ses billow.- City of Renton W0#1 01 007336/OFN 28550 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2001. GRANTOR: The City of Renton, a Washington municipal corporation Attest: BY: Its Mayor STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2001, before me,a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared _ and ,to me known to be the Mayor and of the municipal corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins CITY OF • • GATE - _tea• • 1ri,a\rilnAT.aa���~ � �1Z.Z.�' • �•T,•■�• ��`~� � -� ors � �-\- .r K' �rirt�+ 1�1=/ji�lE!*/�lslsl�ltl;l�l=/jl�isljl�/�1�1Z1a/ilsls/ • • 1 / r l l l IA1 r l ' I I I P 1 1 1 1 1 a i�i����p •P �• •• a�sf•�---�1• �^e1gK1 -77 ■ 1 1 1 �� i 21+ �� 00 �a 00 Y \. • • Z !1 • a �+ :��a�Z�+ +ci•��s +m e! w2'�o:l +� � s ���1-�..f3,.f�►>�w�� �Ii� �a� �GTiasaarafi�Zs: s�.rz��3,� S 2•? � s =_ = Z ���� ����� ® - •- " - a PLANNING ENGINEERING ENVIRONMENTAL ENGINEERS I NC. RECEIVE[ PROGRAM MANAGEMENT Transmittal Memorandum LIAR 2 3 2001 CITY OF RENTON tITI!ITY SYSTEMS To Renton City Hall - 5th Floor Date 3-15-01 1055 South Grady Way Project S. 180th St. Grade Separation Renton, WA 98055 Our Number A00084 Attention Ron Straka Your Number Regarding I am forwarding Prints ix Originals Reproducibles ;9! Photocopies Other NumberQuantity ID Date Description Mar. 2001 Final TIR j Remarks Ron: For your records. Sincerely, 0 N cc: By BERGER/ABAM Engineers Inc.,33301 Ninth Avenue South .Federal Way,WA 98003-6395 Phone 206/431-2300.Fax 206/431-2250 SHORT INTERVAL SCHEDULE Seum IpOm soul G,.d.S.o.,.Ibn Rrq.cl FOUR WEEK LOOK AHED FOR THE PERIOD BEGINNING March 11,2002 WEEK.NUMBEo Eal ! AL 54N ! NGtl ILEA WEAS IBI SA iSN I I WEDS UR. Eel � MI ISN MQN III I= IM.QSII THUa4 FBI AI jSN ! MQN i1 D= IL= IZCLBS Fdf 43/7 3/e 116 3117 3118 319 n 1: 4/3 U4 41 WORK ACTIVTV I.r I EROSION AND SEDWENT CONTROL , S_UR_VE17NG_WILDER ENGINEERING•WILDER � - I - - 1 ENGINEERING- CG - 1 GM U W A L . D1�2 �7G>t•l o sly '7ZZ I 1 --r Vrl a —psi 6 T T— ,aoY-E PIT i o�/ax� •w� I 1 , r' CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 17,2001 A�o TO: Ron Straka FROM: Tom Boyns,X 7209 SUBJECT: MARKET VALUATION SOUTH 180TH STREET GRADE SEPARATION PROJECT EASEMENT ENCUMBRANCE CITY OF RENTON PARCEL 362304-9002 PROPERTY RIGHTS The City of Tukwila has provided plans of project grading on property owned by the City of Renton. These plans identify the upland and required buffer areas to be used for this project. Renton Staff has calculated the areas identified on the plans as follows: Buffer Area=50,096 square feet Upland Area=64,080 square feet Total project area to be included in the easement= 114,176 square feet All of this project area is located within the southerly 600 feet of the existing parcel. At this point in time, negotiations are progressing toward completion and execution of an interlocal agreement between Tukwila and Renton for this project. This agreement will clearly identify the rights needed for the project. Currently we understand that Tukwila desires to acquire property rights for a period of time to allow construction of project improvements and the additional time required for long- term monitoring. Renton staff prefers to provide a permanent easement for the area needed for the project. This report will estimate the reduction in value to the property from the project. Because the proposed use of the property is required to be permanent, the change in value is expected to be the same whether the City of Tukwila receives the right to construct the improvements only, construct and monitor for three to ten years or receive a permanent easement. The difference that will be experienced is which city will be responsible for the cost of maintaining the property after the construction is completed and the permit requirements have been met. May 17,2001 Page 2 WETLANDS/BUFFERS Increasingly in recent years, land value of undevelopable property has declined. Within City of Renton jurisdiction, wetlands and wetland buffers are generally considered undevelopable subject to certain exceptions. It is the intent of the City of Renton to support the preservation and enhancement of high quality wetland areas. The subject parcel is approximately 9.62 acres in size. There are large areas of identified wetlands on this parcel. The area of this property identified to be used for surface water detention and wetland creation as mitigation for disturbing existing wetlands on adjacent property is entirely within the existing upland area. There are incursions into buffer areas on this site that are allowed under various code provisions including buffer averaging. EASEMENT VALUE The subject property is zoned for heavy industrial use. Its highest and best use, for developable areas therefore is for manufacturing. The proposed use of the property for this project effectively removes any possibility of use of the property for its highest and best use. There will remain a nominal value equivalent to the value of undevelopable property and the potential for use of the balance of the parcel for future mitigation as a site for wetland banking for wetland enhancement project requirements. The table below has been created from a review of 26 sales of property in the vicinity of the subject property. The most recent sales are represented in the table. There are very few undeveloped parcels that have sold in the last two years and as a result, a land residual calculation has been used to approximate the value of the land as if there were no improvements. This technique is useful and provides an indication of value. It is not as accurate as the preferred method of using recent sales of proximate vacant land of equal size and utility. Very little weight is given to the values computed from improved land sales. With sufficient numbers of true comparable property sales, sales involving improved land would not be used at all. In this analysis, the highest and lowest computed values have been ignored and the remaining computed values averaged and then weighted at 20% of their value. This weighted average then is added to 80% of the indicated value of the unimproved sale on a cost per square foot basis. There has been no adjustment for time of sale. The indicated market value of the upland property is$5.58 per square foot. Undevelopable wetland property including required buffer area has been selling for prices ranging from $0.50 to $1.25 per square foot. It is assumed for the purposes of this valuation that $0.90 per square foot is reasonable and this amount is used as the residual remaining value of the parcel after the project. Therefore, the impact of this project on the property value is calculated as $4.68 per square foot. The difference in value is then the upland area, 64,080 square feet, multiplied by $4.78 for a total of $299,894.40. For the purposes of this analysis, the value of the Renton property used for the project is determined to be$300,000.00,rounded. May 17,2001 •• Page 3 PID Address Sale Date Sale Price Square Price/Square Feet Foot 13340404865 603 SW 12th St 2/11/00 75,000** 3500 $4.89** 0000200012 18000 72nd Ave S 9/13/99 8,192,000.00** 280324 $7.92** 3623049013 7200 SW 43rd St 1/4/99 799,500.00** 30003 $12.31** 0005800013 Between RR lines S of S 188 11/5/98 670,045.00 129808 $5.16 3623049112 100 SW 43rd St 2/29/00 13,000,000** 653250 $6.63** ** Includes Building,P/SF is after land extraction based upon ratio of AVL/AVT QUALIFICATIONS OF PREPARER Thomas G. Boyns has been the Property Services Supervisor for the City of Renton since October 5, 1994. The duties of this position include coordination and review of appraisals to assure compliance with federal and state appraisal requirements, preparation of preliminary acquisition project cost estimates and preparation of appraisal and valuation reports as directed by the Renton City Council and the Administrator of the Planning/Building/Public Works Department. Mr. Boyns has experience performing over 250 independent appraisals while licensed as a real estate salesperson and broker, from May 1974 through October 1998, prior to the implementation of appraisal certification requirements by the State of Washington. The preparer is neither certified by the State of Washington as an appraiser nor a member of a professional appraisal organization. If an appraisal is needed to establish the value of the property rights needed for this project, such an appraisal should be acquired from a state certified, MAI designated appraiser. FEB 05 '02 07:29PM TUKWILA DCD/PW P.3i3 South 1801h Street Grade Separation Attn: Mr. Aaron Silver , P.E. PRECONSTRUCTION DMJM+Harris CONFERENCE 1100 Olive Way, #350 Distribution List Seattle, WA 98101 City of Kent City of Kent Attn: John Bond Police Department Fire Department City of Kent 220 4`h Ave. South 220 4' Ave. South Public Works Department Kent, WA 98032-5895 Kent, WA 98032-5895 220 4" Ave. South Kent, WA 98032-5895 Attn: Mr. Steve Mullen City of Kent Attn: Mr. J.M. Cowles Attn: Mr. Wayne G. Lonngr Public Works Department Manager of Public Projects Trackmaster 220 41h Ave. South Burlington Northern & Santa Fe Railway Burlington Northern & Santa 2454 Occidental Ave. South, Suite 1-A 605 Puyallup Ave. Kent, WA 98032-5895 Seattle, WA 93134-1451 Seattle, WA 98134.1451 Attn: Mr. Terry Paananen, P.E. Attn: Mr. John Trumbull Attn: Mr. Rowdy Curtiss WSDOT NW Region Industry & Public Projects Roadmaster Local Programs Union Pacific Railroad Company Union Pacific Railroad Co P.O. Box 330310 5424 SE McLoughlin Blvd. 5424 SE McLoughlin Blvd Seattle, WA 98133-9710 Portland, OR 97202 Portland, OR 97202 Attn: Mr. Gary Phillips Attn: Abdoul Gafour Attn: Alley Quyn Berger/Abam Engineers, Inc. City of Renton, Water Utility City of Renton, Surface 33301 Ninth Ave. South, Suite 300 1055 South Grady Way 1055 South Grady Way Federal Way, WA 98003 Renton, WA 98055 Renton, WA 98055 Attn: David Christensen Attn: Leslie Lahndt City of Renton City of Renton, Wastewater Utility City of Renton, Transportation Fire Department 1055 South Grady Way 1055 South Grady Way 1055 South Grady Way Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 City of Renton Attn: Brenda Wagner Attn: Brian Swart Police Department Puget Sound Energy Puget Sound Energy 1055 South Grady Way P.O. Box 90868 XRD-01 6905 South 2281" Street Renton, WA 98055 Bellevue, WA 98009-0868 Kent, WA 98032 Attn: Randy Busch Attn: Dennis Libadia Attn: Rose Ann Lopez Puget Sound Energy Qwest Communications Olympic Pipeline P.O. Box 90866 XRD-UP 23315 66" Ave. South 2319 Lind Ave. Bellevue, WA 98009-0868 Kent, WA 98032 Renton, WA 98057 Attn: Amjad Omar Construction Information Center Attn: Michael Fulmer WSDOT Project Office King County Metro Transit MCI Worldcom 21851 8411 Ave. South, MS 59 1270 Sixth Ave. South, MS/CIS 6823 South 2201h Kent, WA 98032-2829 Seattle, WA 98134 Kent, WA 98032 FEB 05 '02 07:29PM TUKWILP DCD/PW P. 1/3 City of Tukwila public Works Department/Engineering Division Q ' -Q FAx TRANSMITTAL 1908 Fax Number: (206) 431-3665 To: See distribution list Date: February S, 2002 Title: From: Bob Giberson Company: Title: Senior Construction Engineer Dept: _ Division: Engineering Fax Total # of pages transmitted, Sent by Number: including this cover sheet: 3 (initials): AD Subject: South 18e Street Grade Separation Project Message/ Comments South 180th Street Grade Separation Project Rescheduled Preconstruction Conference Please see following distribution list. Tukwila Public Works Department—6300 Southcenter Blvd. #100, Tukwila, WA 98188 FEE 05 '02 07:29PM TUKWILA DCD/PW P.2i9 02, y City Of Tukwila�`� Steven M. Mullet, Mayor 4q 10 z Department of Public Works lames F.'Morrow, PE, Director ..... ` 1908 February 5, 2002 Mr, Mike Bell, Project Manager Wilder Construction Company 1525 East Marine View Drive Everett, WA 98201-1927 Subject: PRECONSTRUCTION CONFERENCE ****R E S CH EDU L E-D South 180" Grade Separation Tukwila Project No. 87-RW09 Tukwila Contract No. 02-002 Federal Aid Project No. HP-1998(024) Dear Mr. Bell: This letter serves as formal notice of the rescheduled preconstruction conference: Date: Tuesday, February 19, 2002 (was February 12) Time: 9:30 a.m. Place: Meeting Room at Tukwila Community Center 12424 42nd Avenue South, Tukwila We-look forward to working with you toward the successful completion of this project. If you have any questions about this letter, please call me at (206) 433-0179. Sincerely, Bob Giberson, P.E, Senior Construction Engineer 6G:ad cc: Jim Morrow Brian Shelton Robin Tischmak Ryan Larson Ryan Partee Gary Schulz Pat Brodin Stan Anderson John Howat Tom Keefe Keith Haines Bruce Fletcher file: 87-RW09.1 2 iP lPraloa2aN7n.09CanctrucavnGrocvn\arernn Invite! ., 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-433-0179 Fax: 206-431-3665 ILA, ll,� O; City of Tukwila lla Steven M. Mullet, Mayor O y(n Z Department of Public Works Lames F. Morrow, P.E., Director 1908 February 7, 2002 Mr. Allen Q u Yn IE® City of Renton, Surface Water FED 1055 South Grady Way RENTON Renton, WA 98055 CU 1LI�Y SYSTEMS Dear Mr. Quyn: You are invited to attend a special Partnering Session for the South 180`' Grade Separation Project on Wednesday, February 27, 2002, in the Meeting Room at the Tukwila Community Center (12424 42" Ave South). A continental breakfast will be served at 7:30 A.M., which will give you a valuable opportunity to meet other participants before the session starts at 8:00 A.M. Refreshments will be available throughout the session, and lunch is included. The session will end at 4:30 P.M. This is an extremely important session, designed to establish a partnering team working relationship to assist us in working together throughout completion of this project. We will establish joint goals and procedures to expedite problem resolution at the lowest level. All invitees to the partnering program are critical, decision-making members working directly with others on this program. It is very important that all invitees attend for the entire day, unencumbered by other working responsibilities. We request your office be instructed not to contact you unless it is for an emergency. We also request that you not contact your office other than at organized breaks. Enclosed is the agenda for the day. Please confirm your attendance to me by Friday, February 22, 2002. Sincerely, _&� J4_ � Bob Giberson, P.E. Senior Construction Engineer enclosures 6300 Southcenter Boulevard, Suite #100 9 Tukwila, Washington 98188 9 Phone: 206-433-0179 • Fax: 206-431-3665 South 1801h Street Grade Separation PARTNERING AGENDA — Feb 27, 2002 Welcome to this Partnering session. The session has been planned to permit a high level of interaction between yourself and the other key members of the project team. It is important for all participants to recognize that the formal Partnering session is primarily a work session, not a training activity, and that its value is derived from working together with the other team members to help implement the specific goals of the Partnering process. Yet, while a work session, the expectation is that the atmosphere will be relaxed and that participants will enjoy their time together. 8:00 - 8:10 a.m. Introducing the Project Gary Phillips, Design Project Manager(Berger/Abam) 8:10 - 8:45 a.m. Introducing the Team Members 8:45 - 9:05 a.m. Introducing Partnering 9:05 - 9:30 a.m. Partnering Defined 9:30 - 9:45 a.m. Break 9:45 — 10:00 am. Partnering Ground Rules See page 4 10:00 - 11:00 a.m. Conflict/ Issue Escalation Chart See page 5 Communication Resource Chart See second attachment 11:00 - 11:30 a.m. Project Case Scenarios See page 6 11:30 - 12:15 p.m. Lunch 12:15 - 1:00 p.m. Partnering Mission Statement Team Goals See page 7 1:00 - 1:45 p.m. Project Hurdles Listed 1 :45 - 2:00 p.m. Break 2:00 - 3:00 p.m. Project Hurdles Action Steps 3:00 - 3:30 p.m. Maintaining The Partnering Agreement Closing Speeches Signing the Partnering Agreement 1 PARTNERING Workshop Agenda SUMMARY BEHAVIORAL INSTRUCTION TIME OUTLINE OBJECTIVES METHODOLOGY FRAME 1. Introductions Gain an understanding small group 60 A. Program of the goals and key work min. B. People elements of partnering C. Project facilitated Insure an in-depth discussion introduction of all team players on project Create a healthy rapport for session's activities 2. Partnering Develop an small group 45 Defined understanding of work min. the ground rules for the partnering process 3. Communica- Understanding of small group 30 tion Resource individual and work min. Chart organizational roles and responsibilities for identification of facilitated of appropriate team discussion levels for issues to be addressed Develop a teamwork environment for key personnel on specific construction project 4. Issue/Conflict Discuss and implement small and large 30 Escalation a cooperative manage- group work min. Chart ment system for resolv- ing conflict facilitated discussion Develop Issue Escalation Chart 2 SUMMARY BEHAVIORAL INSTRUCTION TIME OUTLINE OBJECTIVES METHODOLOGY FRAME 5. Negotiate Understand the small group 30 Example need to develop a work min. Project team-building Problems process that creates mutual trust and respect for conflict resolution. 6. Hurdles/ Encourages partici- small and 105 Opportunity pants to begin to large group min. Exercise work on issues in a work A. Identify positive, cooperative Potential method Project Concerns Gives participants an opportunity to discuss a B. Develop number of important Action project related items Plans 7. Partnering Develop a "Charter small group 45 A. Mission Mission Statement" work min. Statement for construction project B. Project Identify respective large group work Goals goals and performance facilitated objectives for project discussion 8. Maintaining Develop a joint small and large 15 Partnering evaluation rating group work min. Agreement for reviewing partnering A. Champions agreement in achieving facilitated its goals and objectives discussion B. Evaluation Develop a plan for maintaining momentum of charter throughout life of the project 9. Closing Signing of large group work 15 A. Signing partnering charter min. B. Closing Comments GROUND RULES Be open, honest, and direct during discussions - Be willing to look at new ideas - Be willing to have your mind changed - Concentrate on interests, not positions Communicate decisions and needs clearly and as early as possible - Document decisions, making sure all team members have committed to those decisions Focus on the future - When discussing the past give clear examples - Make recommendations along with concerns Participate, everyone should participate - Give all team members equal floor time to express their opinions Listen with the intent of hearing. - Ask questions for understanding - Summarize what you hear to show understanding - Let individuals finish speaking before you respond Concentrate on issues, not personalities - Treat each other as you would like to be treated • Don't be afraid to ask questions - Don't get defensive when questions are asked 4 CONFLICT / ISSUE ESCALATION CHART SOUTH 180TH STREET GRADE SEPARATION CITY OF TUKWILA WILDER CONSTRUCTION COMPANY Steve Chambers TBD Grading Foreman LEVEL 1 Project Inspector Steve Thompson Pipe Foreman TBD Carpenter Foreman Don Schroeder LEVEL 2 TBD Superintendent Project Engineer Kelly Lakey Project Engineer Bob Giberson Mike Bell LEVEL 3 Sr. Construction Project Manager Engineer LEVEL 4 Jim Morrow Joe Spink Public Works Construction Director Manager At the time of the issue/ conflict, the parties commit to a time-frame at their level for resolving the issue or moving the issue to the next level of the Conflict/ Issue Escalation Chart. 5 CASE SCENARIOS 1. Following a successful spring and summer work season, the critical CDSM work is complete and the project is on schedule. The shafts and piles are complete on both sides of the tracks and the roadway excavation work is 100 percent complete on the west side. Roadway excavation work on the east side of the tracks is 50 percent complete, which is consistent with the approved project schedule. As the normal wet weather of Fall advances on the project, the soil material becomes unsuitable for excavation and export. Haul trucks are getting stuck within the project limits and the recipient of the export material will no longer accept the wet materials. The Contractor approaches the Owner and expresses concern regarding the cost and schedule impacts resulting from these conditions. The excavation of roadway materials is a critical work activity, which has the potential to delay and extend the 365-calendar day road closure window. With approximately 15,000 cubic yards of soil excavation remaining, what should be done? 2. The drilled shaft subcontractor is proceeding to install the secant pile wall ahead of schedule by several weeks. The shafts had been mostly above the groundwater table with dry casings. An area of difficult soils and groundwater is encountered. The subcontractor is battling heavy seepage and caving. After much debate with the prime contractor foreman, the City Inspector insists that the drilled shafts in this area must be installed with wet casings, with slurry pumped into the casing to counteract the groundwater pressure and to prevent shaft wall caving. The subcontractor continues on without using wet casings. Subsequent testing in this area shows excess voids and excess seepage, causing these piles to be rejected, pending a repair proposal from the prime contractor. 6 PARTNERING AGREEMENT South 180t" St Grade Separation CITY OF TUKWILA WILDER CONSTRUCTION COMPANY & SUBS FEBRUARY 27, 2002 Example MISSION STATEMENT: The above named parties are jointly committed to construct the South 180th Street Grade Separation Project by working cooperatively to build a safe and quality project on schedule and within budget to serve the public. TEAM GOALS: SOUTH 180TH STREET GRADE SEPARATION Draft COMMUNICATION RESOURCE CHART Qwest Puget Union Burlington City of City of CITY OF TUKWILA WILDER CONSTRUCTION COMPANY Commun- Sound Pacific Northern Kent Renton Subcontractors ications Energy Railroad & Design Construction Public Works Wilder Company Santa Fe Engineer Engineer Dept. Sub ?? Sub ?? Sub Steve Chambers LEVEL Grading Chris Walcott TBD 1 Berger/Abam Project Steve ?? ?? ?? Inspector Thompson Foreman Foreman Foreman Pipe TBD Carpenter Don Schroeder LEVEL TBD Superintenden ?? ?? ?? 2 ?? Asst. Engineer t Project Project Project Berger/Abam Superintend Superintend Superintend Kelly Lakey ent ent ent Project Engineer Bob Giberson Mike Bell LEVEL Gary Phillips Aaron Silver Sr. ?? ?? ?? Project 3 Berger/Abam DMJM+Harris Construction Manager Project Mgr. Project Mgr. Project Mgr. Engineer Jim Morrow Joe Spink LEVEL Jim Guarre ?? ?? ?? Public Works Construction 4 Berger/Abam Director Manager Owner Owner Owner C:AWINDOWS\TEMP\Communication Resource Chart 31Jan02.doc 02/07/02 South 180th Street Grade Separation Attn: Mr. Aaron Silver , P.E. �E�.1T0� PRECONSTRUCTION DMJM+Harris G �OO�.F{SYSTEMS CONFERENCE 1 100 Olive Way, #350 Distribution List Seattle, WA 98101 City of Kent City of Kent Attn: John Bond Police Department Fire Department City of Kent 220 4th Ave. South 220 4th Ave. South Public Works Department Kent, WA 98032-5895 Kent, WA 98032-5895 Kent, Ave. South Ken , WA 98032-5895 Attn: Mr. Steve Mullen City of Kent Attn: Mr. J.M. Cowles Attn: Mr. Wayne G. Lonngr Public Works Department Manager of Public Projects Trackmaster 220 4th Ave. South Burlington Northern & Santa Fe Railway Burlington Northern & Santa 2454 Occidental Ave. South, Suite 1-A 605 Puyallup Ave. Kent, WA 98032-5895 Seattle, WA 98134-1451 Seattle, WA 98134-1451 Attn: Mr. Terry Paananen, P.E. Attn: Mr. John Trumbull Attn: Mr. Rowdy Curtiss WSDOT NW Region Industry & Public Projects Roadmaster Local Programs Union Pacific Railroad Company Union Pacific Railroad Co P.O. Box 330310 5424 SE McLoughlin Blvd. 5424 SE McLoughlin Blvd Seattle, WA 98133-9710 Portland, OR 97202 Portland, OR 97202 Attn: Mr. Gary Phillips Attn: Abdoul Gafour Attn: Alley Quyn Berger/Abam Engineers, Inc. City of Renton, Water Utility City of Renton, Surface 33301 Ninth Ave. South, Suite 300 1055 South Grady Way 1055 South Grady Way Federal Way, WA 98003 Renton, WA 98055 Renton, WA 98055 Attn: David Christensen Attn: Leslie Lahndt City of Renton City of Renton, Wastewater Utility City of Renton, Transportation Fire Department 1055 South Grady Way 1055 South Grady Way 1055 South Grady Way Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 City of Renton Attn: Brenda Wagner Attn: Brian Swart Police Department Puget Sound Energy Puget Sound Energy 1055 South Grady Way P.O. Box 90868 XRD-01 6905 South 228th Street Renton, WA 98055 Bellevue, WA 98009-0868 Kent, WA 98032 Attn: Randy Busch Attn: Dennis Libadia Attn: Rose Ann Lopez Puget Sound Energy Qwest Communications Olympic Pipeline P.O. Box 90868 XRD-UP 23315 66th Ave. South 2319 Lind Ave. Bellevue, WA 98009-0868 Kent, WA 98032 Renton, WA 98057 Attn: Amjad Omar Construction Information Center Attn: Michael Fulmer WSDOT Project Office King County Metro Transit MCI Worldcom 21851 84th Ave. South, MS 59 1270 Sixth Ave. South, MS/QS 6823 South 220' Kent, WA 98032-2829 Seattle, WA 98134 Kent, WA 98032 > �J��11LA, w,gir .y CityTukwila� Of Steven M. Mullet, Mayor �''• `� Department of Public Works James F. Morrow, P.E., Director 1908 February 5, 2002 FEB zona TOW UTTILITOY SYSTEMS Mr. Mike Bell, Project Manager Wilder Construction Company 1525 East Marine View Drive Everett, WA 98201-1927 Subject: PRECONSTRUCTION CONFERENCE ****R E S CH EDU LED South 180" Grade Separation Tukwila Project No. 87-RW09 Tukwila Contract No. 02-002 Federal Aid Project No. HP-1998(024) Dear Mr. Bell: This letter serves as formal notice of the rescheduled preconstruction conference: Date: Tuesday, February 19, 2002 (was February 12) Time: 9:30 a.m. Place: Meeting Room at Tukwila Community Center 12424 42"d Avenue South, Tukwila We look forward to working with you toward the successful completion of this project. If you have any questions about this letter, please call me at (206) 433-0179. Sincerely, Bob Giberson, P.E. Senior Construction Engineer BG:ad cc: Jim Morrow Brian Shelton Robin Tischmak Ryan Larson Ryan Partee Gary Schulz Pat Brodin Stan Anderson John Howat Tom Keefe Keith Haines Bruce Fletcher file: 87-RW09.1 2 (P.\Projects\87rw09\Construct,on',Precon\Precon 1—te) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-433-0179 Fax: 206-431-3667 RECEIVED South 180`h Street Grade Separation JAN 18 2002 PRECONSTRUCTION CITY OF RENTON CONFERENCE UTILITY SYSTEMS Distribution List City of Kent City of Kent Attn: John Bond Police Department Fire Department City of Kent h th 2204 Ave. South 2204 Ave. South Public Works Department Kent, WA 98032-5895 Kent, WA 98032-5895 220 4`h Ave. South Kent, WA 98032-5895 Attn: Mr. Steve Mullen City of Kent Attn: Mr. J.M. Cowles Attn: Mr. Wayne G. Lonngren Public Works Department Manager of Public Projects Trackmaster 220 4th Ave. South Burlington Northern &Santa Fe Railway Burlington Northern& Santa 2454 Occidental Ave. South, Suite 1-A 605 Puyallup Ave. Kent, WA 98032-5895 Seattle, WA 98134-1451 Seattle, WA 98134-1451 Attn: Mr. Terry Paananen, P.E. Attn: Mr. John Trumbull Attn: Mr. Rowdy Curtiss WSDOT NW Region Industry & Public Projects Roadmaster Local Programs Union Pacific Railroad Company Union Pacific Railroad Co P.O. Box 330310 5424 SE McLoughlin Blvd. 5424 SE McLoughlin Blvd. Seattle, WA 98133-9710 Portland, OR 97202 Portland, OR 97202 Attn: Mr. Gary Phillips Attn: Abdoul Gafour Attn: Alley Quyn Berger/Abam Engineers, Inc. City of Renton, Water Utility City of Renton, Surface Wa 33301 Ninth Ave. South, Suite 300 1055 South Grady Way 1055 South Grady Way Federal Way, WA 98003 Renton, WA 98055 Renton, WA 98055 Attn: David Christensen Attn: Leslie Lahndt City of Renton City of Renton, Wastewater Utility City of Renton, Transportation Fire Department 1055 South Grady Way 1055 South Grady Way 1055 South Grady Way Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 City of Renton Attn: Brenda Wagner Attn: Brian Swart Police Department Puget Sound Energy Puget Sound Energy 1055 South Grady Way P.O. Box 90868 XRD-01 6905 South 2281h Street Renton, WA 98055 Bellevue, WA 98009-0868 Kent, WA 98032 Attn: Randy Busch Attn: Dennis Libadia Attn: Rose Ann Lopez Puget Sound Energy Qwest Communications Olympic Pipeline P.O. Box 90868 XRD-UP 23315 66"Ave. South 2319 Lind Ave. Bellevue, WA 98009-0868 Kent, WA 98032 Renton, WA 98057 Attn: Amjad Omar Construction Information Center Attn: Michael Fulmer WSDOT Project Office King County Metro Transit MCI Worldcom 21851 84"Ave. South, MS 59 1270 Sixth Ave. South, MS/QS 6823 South 2201h Kent, WA 98032-2829 Seattle, WA 98134 Kent, WA 98032 ILA, ll,� City of Tukwila •' Z Steven M. Mullet, Mayor O Department of Public Works James F. Morrow, PE., Director ........ y908 January 15, 2002 Mr. Mike Bell, Project Manager Wilder Construction Company 1525 East Marine View Drive Everett, WA 98201-1927 Subject: PRECONSTRUCTION CONFERENCE South 180' Grade Separation Tukwila Project No. 87-RW09 Tukwila Contract No. 02-002 Federal Aid Project No. HP-1998(024) Dear Mr. Bell: This letter serves as formal notice of the preconstruction conference: Date: Tuesday, February 12, 2002 Time: 9:30 a.m. Place: Meeting Room at Tukwila Community Center 12424 42"d Avenue South, Tukwila (map enclosed) Please refer to the enclosed agenda and Supplemental General Requirements section 1-08.1 (1) for a list of essential items to bring to the preconstruction conference for review and discussion, and important items to be discussed. We look forward to working with you toward the successful completion of this project. If you have any questions about this letter, please call me at (206) 433-0179. Sincerely, 1!�t V 14� Bob Giberson, P.E. Senior Construction Engineer BG:ad enclosures cc: Jim Morrow Brian Shelton Robin Tischmak Ryan Larson Ryan Partee Gary Schulz Pat Brodin Stan Anderson John Howat Tom Keefe Keith Haines Bruce Fletcher file: 87-RW09.12 IP:\Projects\87rw09\Construction\Precon\Precon Invite) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-433-0179 Fax: 206-431-3665 AGENDA PRECONSTRUCTION CONFERENCE [SEE SGR SECTION 1-08.1(1)] South 180th Street Grade Separation Federal Aid No: HP-1998(024) Tukwila Project No.: 87-RW09 Tukwila Contract No.: 02-002 Contractor: Wilder Construction Company I ORDER OF WORK (Network Analysis Schedule) II U T ILI T IES, RAILROADS AND MAINTENANCE A. Underground services shall be located (call One Call @ 1-800-424-5555; or on-line tickets @ www.callbeforeyoudig.com) B. Utilities relocated previously C. Utilities to be relocated D. Utilities to remain E. Notification time required F. Railroad insurance and Right of Entry G. Railroad Agreements (Safety Issues: see agenda item VI.K.) III DISMISSAL OF DISINTERESTED PARTIES (details of required paperwork follow) IV SUBCONTRACTORS AND AGENTS A. Request to Sublet, Statement of Intent to Pay Prevailing Wage B. Subcontracted work C. Subcontractor's route correspondence via prime contractor D. Prime Contractor must have a representative with authority on the job site at all times (designated by letter) E. DBE subcontract work (condition of award) V RECORDS AND REPORTS A. Description of required forms B. All reports must be handled through prime contractor's office C. Request for approval of sources of material should be submitted as soon as possible D. Falsework and shoring plans E. Certified payrolls must be submitted on time and wage rate interviews will be conducted F. EEO and trainee requirements G. DBE requirements H. Required job site posters I. Davis-Bacon statement regarding USDOL, WSDOT and City of Tukwila's role in investigating labor compliance J. ADA requirements VI TRAFFIC CONTROL AND SAFETY A. Manual on Uniform Traffic Control Devices shall control signing B. Review and discussion of traffic control plans, detour plan C. Safety control on structures D. Flagman should use standard paddle and vest and must be certified (be aware of new L&I standards) E. Speed regulation of construction equipment F. Responsible parties for traffic control G. Safety and health requirements H. Request police to report all construction zone accidents to the contracting authority I. Gross legal load limits shall be adhered to J. Covered loads or 6 inches of freeboard (Section 1-07.1 of the Standard Specifications K. Railroad safety VII ENVIRONMENTAL CONSIDERATIONS A. Permits and requirements B. Standard Specifications/Special Provisions C. Contractor responsibilities VIII DETAILED CONSTRUCTION DISCUSSION A. Contractor explains how he plans to pursue work B. Review of anticipated construction problems C. Conflict resolution — partnering D. Detailed breakdown of field and office overhead costs by Prime Contractor and Subcontractors Supplemental General Requirements SGR-19 to Contractor by Engineer. If all necessary lands and rights-of-way are not obtained before construction begins, Contractor shall begin his work upon such land and rights-of-way as Owner may have previously acquired. Should Owner be prevented or enjoined from proceeding with the work, or from authorizing its prosecution, either before or after the giving of Notice to Proceed by reason of any litigation, or by reason of its inability to procure any lands or rights-of-way for said work, Contractor shall not be entitled to any damages, costs, expenses, additional compensation, or loss of profits by reason of said delay, or to withdraw from the Contract except by consent of Owner; but time for completion of the Work will be extended to such time as Owner determines will compensate for the time lost by such delay, such determination to be set forth in writing; provided in any event Contractor may terminate as provided in Section 1-08.10 of the Standard Specifications. 1-07.28 Record Drawings (As-Builts) New Contractor shall furnish all redlined plans suitable for use as Record Drawings (As-Builts) as part of the punchlist process. Final Payment will not be issued until a complete set of Record Drawings is submitted to the satisfaction of the Engineer. 1-08 PROSECUTION AND PROGRESS 1-08.0(1) Preconstruction Conference (See APWA Supplement, p. 1-123) Supplement After award of the contract, Owner will issue 6 sets of reduced plans, 6 sets of full-size plans, and 6 sets of Contract Provisions to Contractor without charge. Further sets may be purchased from Owner for the cost of reproduction. A preconstruction conference will be held at a time and place fixed by Owner as stated in the notice of award. In addition to Contractor, the intended project superintendents, subcontractor foremen, BNSF and UPRR representatives, and major suppliers — those who will actually be involved in construction activities—should attend the preconstruction conference. Contractor must be prepared for a thorough discussion and review, as well as revision which may be deemed necessary in the opinion of Engineer, of the following: 4 Contractor's Preliminary Network Analysis Schedule (3+ copies and computer files on disk) 4 Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with Bid) 4 List of materials fabricated or manufactured off the project 4 Material sources on the project 4 Names of principal suppliers 4 Detailed equipment list, including "Rental Rate Blue Book" hourly costs (both working and standby rates) Weighted wage rates for all employee classifications anticipated to be used on Project 4 Cost percentage breakdown for lump sum bid items -* Shop Drawings (bring preliminary list) 4 Traffic control plans (3+ copies) 4 Contractor's overhead rates from the forms provided in Volume 1 of the Project Manual under the I Add 1 heading "CITY OF TUKWILA FORMS" Provision for inspection for materials from outside sources Responsibility for locating utilities Responsibility for damage Supplemental General Requirements SGR-20 Time schedule for relocations, if by other than Contractor (must be included in the NAS) Compliance with Contract Documents Acceptance and approval of work Labor compliance, payrolls, certifications Safety regulations for Contractors and Owner's employees Railroad flagging Railroad safety Suspension of work, time extensions Change order procedures Progress estimates and procedures for payment per NAS Construction engineering, advance notice of special work Any interpretation of the Contract Documents requested by Contractor Any conflicts or omissions in Contract Documents Any other problems or questions concerning the work Processing and administration of public complaints Easements and rights of entry Other contracts Detailed breakdown of field and home office overhead costs by Prime Contractor and Subcontractors for potential change orders 4 These materials MUST be brought to the preconstruction conference for discussion followed by Engineer Review. The franchise utilities may be present at the preconstruction conference, and Contractor should be prepared for their review and discussion of progress schedule and coordination. 1-08.0(2) Progress Meetings Contractor will conduct progress meetings at the Project site at regularly scheduled intervals — typically once per week—that have been agreed upon at the preconstruction conference. Attendees: In addition to the Owner, Construction Management team, BNSF and UPRR representatives, each Subcontractor, Utility, Supplier, or other entity concerned with current progress or element of work shall be present at these meetings. Agenda: Review previous meeting minutes, new business, schedule, and cost review. Reporting: The Engineer will prepare and distribute copies of meeting minutes to all in attendance and to all stakeholders. 1-08.1 Subcontracting (See APWA Supplement, p. 1-124) Supplement Written requests for approval of subcontractors or for change in subcontractors shall be submitted by Contractor to Engineer at least 7 calendar days prior to start of a subcontractor's work. Contractor agrees that he is fully responsible to Owner for the acts and omissions of all subcontractors and lower-tier subcontractors, and persons either directly or indirectly employed by the subcontractors, as well as for the acts and omissions of persons directly employed by Contractor. Contractor shall be required to give his personal attention to the work which is sublet. MapQuest: Maps Page t of 1 12424 42nd Ave S Tukwila, WA 98168-2526, US Back O S 1 13th St *' �2OOm � � Avo6o0ft S 11 5th St S 114th St `,` 157 SAZ9 S 11 sth St a 0 S 117th PILP a S t 2 fg^G (A A S 12oth FI to Allentown c s, S 124t1h St D 5 9 9 x S 125th St � 41 5 126M St s s , S 128th St ay 4t S to Oa�g� AID � S 1301h Sl Q a 3 �5t3a�dSL S 131S1St <S S 133rd St 7 ,Riverton cn m Uit f t4T 3 �s � `'4s S135thSt � � � ;giatYia,arF aca am Park. S 136th St ` N joste 02001 Mapquest.cam, Inc.;02001 Navigation Technobgies n�� All rights reserved._Use SubjeSt_-W Hi.v--e LicenselCupyright Tukwila Recreation Driving Directions Page 1 of 1 DRIVING DIRECTIONS TO THE COMMUNITY CENTER IF— FACILITIES GUIDE/MAP COMMUNITY CENTER FLOOR PLAN Southbound on I-5 Take exit #156 (Tukwila, Interurban Ave); Turn right onto Interurban Avenue S., proceed north; At stop light at 42nd Avenue S, turn right; Cross the Duwamish River; Tukwila Community Center is immediately on your right. Northbound on I-5 Take exit #1.56 (Tukwila, West Marginal Way); Take the Tukwila exit, turn left onto Interurban Avenue S; Move to the right lane; At stop light at 42nd Avenue S, turn right; Cross the Duwamish River; Tukwila Community Center is immediately on your right. North or Southboundd_on Tukwila Intl Blvd/Pacific Hwy.. S. (Hwy 99) Turn east onto S. 130th Street; Continue straight, at Macadam Road turn left (north); Cross Interurban Avenue S and the Duwamish River; Tukwila Community Center is immediately on your right. Eastbound on SR-518/I-405 Take I-5 north exit; Follow the directions above for Northbound on I-5. Westbound on 5.18JI_-405 Take I-5 north exit; Cross to the right lane; Follow the directions above for Northbound I-5. 'sea Return to Recreation Return to Home http://www.ci.tukwila.wa.us/recreation/recdirct.htm 01/16/2002 - July 11,2000 33 993-1019.400 Wetlands There are no wetlands in the SW 23red Street Drainage basin,however, some of the flow to the channel is from the Panther Creek wetland. 7.3 Big Soos Creek (0072) Big Soos Creek is the major tributary to the Green River,extending 14.15 miles in length to the east and converging with the Green River at R.M. 33.65. The Big Soos Creek originates from springs and groundwater drainage in the hills 1.5 miles south of Renton City limits. The creek drains south to where Covington Creek joins the system(R.M.2.8) i then it flows west to its confluence with the Green River. (WDFW, 1979). 7.3.1 Fisheries Fall chinook,chum and coho utilize Big Soos Creek with the chinook and chum largely confined to the lower six miles(south of the City of Renton's UGB)where the channel consists of higher flows. Coho utilize all accessible sections of the drainage and particularly the tributaries. Total production is dominated by the state salmon hatchery (WDFW, 1975). Coho and cutthroat trout may be the only species that utilize the upper drainage of Big Soos within the City of Renton s UGB (Paul Schnider,WDFW,Personal communication, May 2000). i Golder Associates July 11,2000 32 993-1019.400 7.2.2.2 Rolling Hills Creek Habitat Rolling Hills Creek originates on a plateau area in the northeastern portion of the basin and drains an approximate 1.4-square-mile drainage basin. Rolling Hills Creek enters a pipe system within the Renton Shopping Center on the north side of I-405. The pipe system discharges to a short section of channel running west along the north side of I- 405. The creek then runs south under I-405 through a 48 inch diameter and a 132 inch diameter culvert crossings. from the I-405 crossing, a low flow channel carries runoff along the east side of SR-167 to a 36 inch high by 48 inch wide box culvert that crosses west underneath SR 167. This culvert connects to a 60-inch diameter system that flows west to Springbrook Creek. During intense storms,the capacity of the 36-inch-high by 48inch wide box culvert is exceeded,causing water to be stored in the Panther Creek Wetland. During periods of extreme flows,flows from both Panther Creek and Rolling Hill Creek become interconnected as the entire Panther Creek Wetlands area is flooded. Following a major storm event,this stored runoff is release from the wetland and flows return to their respective low-flow channels(East Side Green River Watershed Project, Environmental Impact Statement,1997). Rolling Hills Creek consists of pipes and ditches that do not provide fish habitat. Landslide and erosion hazard areas are prevalent in the Rolling Hills subbasin contributing to the high sediment loading in the drainage. The subbasin is also more highly developed than either the Panther Creek or Springbrook Creek subbasins(Black River Basin, 1993) Fisheries There is no evidence of fish use in Rolling Hills Creek,except for possibly resident fish farther up the system as reported by residents(East Side Green River Watershed Project, Environmental Impact Statement,1997) Wetlands There are no wetlands in the Rolling Hills subbasin.. 7.2.2.3 SW 23'Street Drainage Channel Habitat The SW 23'Street drainage channel is an existing channel between SR-167 and Springbrook Creek along the SW 23'Street right-of-way. Local runoff as well as outflows from the Panther Creek Wetland from the poorly functioning SR-167 culvert crossings between SW 23rd Street and SW 34'Street,are conveyed through this channel to Springbrook Creek(East Side Green River Watershed Project,Environmental Impact Statement, 1997) Fisheries Fish use in the SW 23rd Street Drainage Channel is unknown. rnlrinr Accnnintnc ( 5p�� kF'�r 3 . c-o�d M 3 ( ;� LIC- u lut �i� Mix -7 / Fy s. ------ ------ ------ ---- --------- ------ --------- --- -- -------- --------- - - --- --------- - ------------ - --- ---------- -- ------ - I ------ ---- ------ A. ------- ------ ...... ------ BNSF RAILROAD --- ---------- ------- ------ -- co - ---- --- -- -------- ----- ---------- --- -------- -- -------- ------- 7---- ------- -- -------- -- ----- ----------7 7. ------ --- ------------------- --------------------- ..... ------ -- -------- ----- - -- ---- ------- ------ -------- ------ -------: ---- ------- -- ---------- lfm-il�p sm mmim-M so-im 15 J 02 0 h/l 14 22.2 4'b z VI 22.2 'po 22.2 is -- -------- Ltd 0 c -- --------- tLq uj > ---------- 4k TZW 0 ------------ oomm (DO- 0 3 — — — — — — — - ---- -- —7 P la It L ACCESS ROAD 0 A 020 ll by date CONSULTANTS L 00 104 1 L 4 IED]EIP—r- d-signed V I G4 01 sheet-- of drawn Dc 1/04/01 33301 M AVEJW SOM GRADING PLAN Aoo� FED o —ENGINEERING—STREETS—WATER—SEWER—PARKS—BUILDING— checked J13 1/04/01 ERAL WAY.WASHMTON Jb," VoM z pro)eng HERGERAB" 20' r46)ol-zM proj dir SOUTH 180th STREET LANDSCAPE PLAN IFV-7250 -wo" w� North 405 5 Renton 518 Sea-Tac International Project Airport Area S 180th Tukwila 161 167 S 212th Kent 5 161 167 Source: Vicinity Map BERGER/ABAM Engineers, 1998 Figure 1 South 180th Street Grade Separation q 1 41, F Herrera a We;land RB Wetland A Potential } Wetland q Mitigation ' Area N R CO i � Herrera Wetland A i c� So. 180th St. 4 � \ I Not to Scale North Source: Herrera Wetlands Mitigation Site BERGER/ABAM Engineers 1999 South 180th Street Grade Separation Figure 2 Record of Meeting South 180th Street Grade Separation - Phase 2 Page 3 Chris will prepare documentation of Don's comments about the box culvert in a letter to be signed by Jim Morrow. III. WATER MAIN • Three options for water main relocation: l. Cut off line within project, no temporary relocation, rebuild within new roadway near end of project; estimated cost = $66,000 2. Relocate permanently to the north; estimated cost = $410,000 3. Relocate temporarily to north, rebuild within new roadway near end of project; estimated cost = $428,000 • Abdoul Gafour is Renton contact for water main issues. • Renton prefers final location to north. Action Item: Abdoul Gafour, Renton 1. Abdoul will provide BERGERIABAM with copies of Renton's water standards. 2. Abdoul will provide BERGERIABAM with copies of whatever as built records exist for the water lines in the project vicinity. Action Item: Jim Morrow, Tukwila Jim will find out if Tukwila is willing to accept reduced fire flow risk from cutoff line during construction in order to save about$200,000 in construction costs. IV. SANITARY SEWER • Consensus of the group was to reroute sanitary sewer as proposed under the N. C. Machinery driveway and then east along the back of the 7220 S. 1801h Street building. • Mike Benoit is Renton contact for sanitary sewer issues. Action Item: Mike Benoit, Renton 1. Mike will provide BERGERIABAM with copies of Renton's sanitary sewer standards. 2. Abdoul will provide BERGERIABAM with copies of whatever as built records exist for the sanitary sewers in the project vicinity. Record of Meeting South 180th Street Grade Separation— Phase 2 Page 4 V. PUBLIC NOTIFICATION • Tukwila will take the lead in preparing, posting, and hosting public notifications. • Tukwila will make one on one presentations to those businesses/stakeholders within Renton which require special attention. • Night work will be a possibility for reducing construction time but will require investigation of noise variances to do so. Action Item: Chris Walcott, BERGER/ABAM Chris will prepare a public notification plan with input from the entire team. Action Item: Renton, (maybe Gregg Zimmerman) Renton will provide BERGER/ABAM and Tukwila with a list of businesses/stakeholders within Renton that require specialized attention. VI. PERMITS • BERGER/ABAM is about done with the Shoreline permit. • BERGER/ABAM has been told there will not be a need for a creek buffer clearing variance. • It is Tukwila's hope that Renton will not require Tukwila to submit any permits (construction, clearing and grading) that Renton would not require for their own roadway projects. • Renton will participate in a review of the SEPA checklist. Action Item: Robin Tischmak, Tukwila Robin will contact the SEPA reviewer at Renton and Kent in order for them to review the draft checklist ASAP. VII. RIGHT-OF-WAY/EASEMENTS • A question to be answered eventually is how will additional ROW be purchased (or condemned) by Tukwila in Kent and Renton. • This project could be an opportunity to straighten out the ROW and corporate boundary lines between the three cities. Record of Meeting South 180th Street Grade Separation- Phase 2 Page 5 VIII.PRESENTATION TO RENTON TRANSPORTATION COMMITTEE • Presentation will highlight project background, detour options and final choice, public notification, brief highlights of current Renton issues being worked on, and S. 180' St./Strander Blvd. spirit of cooperation. Action Item: Chris Walcott, BERGERIABAM Chris will bring all of the proposed visual aides for the presentation to the weekly project meeting Tuesday the 18' at 10 AM. CW:cw Attachments South 180th Street Grade Separation Project Meeting No. 11 18 July 2000 10:00 AM City of Tukwila Public Works Agenda I. Value Engineering Response II. Briefing for Renton Transportation Committee a. Time and Place b. Presentation Materials III. Utility Letters a. Letters still to be sent b. Follow-up on letters already sent IV. Letter to TIB Regarding ROW Funding a. PHAROS contract V. Public Notification Plan VI. UPRR Meeting a. Time and Place b. Agenda VII. Subsurface Utility Engineering (SUE) a. Proposal to respond to TIB VIII. Additional Required Title Reports IX. Shoreline Permit a. Fee b. Who should submit it c. SEPA checklist X. Open Discussion a. Supplements b. Action items XI. Next Meeting a. July 25, 2000 10 AM South 180th Street Grade Separation Tukwila/Renton Coordination Meeting No. 2 12 July 2000 3:30 - 5:00 City of Renton Public Works Council Conference Room, 7' Floor Agenda I. Wetland/Detention Pond Site H. Buried Box Culvert II1. Water Main IV. Sanitary Sewer V. Public Notification VI. Permits a. Shoreline Substantial Development b. Creek Buffer Clearing Variance for Pond Outfall C. Construction or Clearing and Grading VII. Right-of-Way/Easements VIII. Presentation to Renton Transportation Committee RECORD OF MEETING South 180th Street Grade Separation - Phase 2 BERGER/ABAM Job No. A00084 City of Tukwila Job No. 87-RW09 Tukwila/Renton Coordination Meeting No. 2 Date: 12 July 2000 Time: 3:30 p.m. to 5:00 p.m. Place: City of Renton Attendees: Jim Morrow City of Tukwila Brian Shelton City of Tukwila Robin Tischmak City of Tukwila Gregg Zimmerman City of Renton Lin Wilson City of Renton Sandra Meyer City of Renton Lys Hornsby City of Renton Abdoul Gafour City of Renton Mike Benoit City of Renton Allen Quynn City of Renton Gary Phillips BERGER/ABAM Chris Walcott BERGER/ABAM Attachments: Agenda, Action Item List OPENING COMMENTS • Goal is to be under construction by May 2001. • Water and Sewer relocation design will be done by BERGER/ABAM with Renton's assistance and will be included as part of main construction contract. Funding negotiations to pay for this design and construction still need to occur. Record of Meeting South 180th Street Grade Separation- Phase 2 Page 2 I. WETLAND/DETENTION POND SITE • Design team is proceeding that the Renton site is available for wetland and detention pond use. • Ron Straka is Renton stormwater contact and Neil Watts is Renton land use contact. Action Item: Neil Watts, Renton 1. Neil will look into conditional use and buffer regulations for the proposed use of the property. .M' F'2. Neil will begin work on a developer agreement for use of the property. M C e 3. Neil will look into the possibility of moving the 20,000 SF Oaksdale Business Park buffer encumbrance elsewhere on the property. Action Item: Chris Walcott, BERGER/ABAM Chris will supply Neil Watts with a schematic of the proposed use of the property. Action item: Gail Brooks, BERGER/ABAM Gail will look into whether Herrera's wetland delineation of the site will hold up to Corps of Engineer's scrutiny. II. BURIED BOX CULVERT • Don Wickstrom of Kent indicated in a meeting the day before that Kent does not have a future need for the buried box culvert. Nor does Kent need to expand the capacity of the present Springbrook Creek culvert. This is because Kent built added detention facilities upstream of S. 180`' Street when the proposed P-1 channel project was cancelled. • Renton is also in agreement with removal of the box culvert since any flooding due to lack of culvert capacity will occur in Kent, not Renton. • Renton stated there is a capital investment in the box culvert, which needs to be recognized in the funding agreement between Tukwila and Renton. Action Item: Chris Walcott, BERGERIABAM Allen Qu nn -South outh 180th Street"Grade Separation Protect _ Page 2 f 8) Permits, A) Confirm - is a creek buffer clearing variance needed (Neil and Lorraine). B) SEPA-Jim Morrow, Tukwila's Public Works Director, would like a meeting among the 3 -citys' (Tukwila/Kent/Renton) SEPA officials to try to work out concerns in advance. Tukwila has taken SEPA lead. (Jana, if still at Renton). Draft SEPA document will be to us by Friday. 9) Other fun facts. Tukwila will look in to the possibly of doing night work on this project. Tukwila stated that by the end, they will be into this project$400 K local dollars. They were asked to provide this information to Renton in itemized format. Tukwila is stating that Renton should cost participate in utility construction. Tukwila apparantly has not yet submitted for BA-could cause a major delay. Please try to answer the questions I have directed your way. I will accept e-mail responses. Thanks. CC: Abdoul Gafour; David Christensen; Lin Wilson; Neil Watts; Ronald Straka South 180th Street Grade Separation Tukwila/Renton Coordination Meeting No. 2 12 July 2000 3:30 — 5:00 City of Renton Public Works Council Conference Room, 7"' Floor Agenda I. Wetland/Detention Po--n/d Site -J.- 1e l Glw►vbo SI'yr',f p III.- Buried Box Culvert �t3 /upk 64 -� cc f/ tkG Snyr•/ G�^" �'�'l �Uv�C he n l✓G7 f�N� II . Water Main fig,,,,,,f ilk IV. Sanitary Sewer onPYK,:� V. Public Notification VI. Permits , a. Shoreline Substantial Development b. Creek Buffer Clearing Variance for Pond Outfall C. Construction or Clearing and Grading VII. Right-of-Way/Easements VIII. Presentation to Renton Transportation Committee M- Allen Quynn South 180th Street Grade Separation Project Page From: Gregg Zimmerman To: Jana Hanson; Lys Hornsby; Sandra Meyer Date: 7/12/00 8:02PM Subject: South 180th Street Grade Separation Project Wednesday afternoon we had an extended meeting with Tukwila staff and the design consultant on the South 180th Street Grade Separation Project. Tukwila would like to get started on construction of this massive project by May, 2001. The project will result in a year closure of South 180th. We mainly talked about utilities, since there is quite a bit of utility work that has to be done to accomodate the Transportation project. It is clear that Tukwila would like Renton to either pay for the utility work, or at least heavily contribute to it financially. The 1986 Annexation Agreement with Tukwila indicates a 50/50 cost share for local participation in costs not provided for by grants. This discussion resulted in some time lines and "to do's", which I have included below. 1) Tukwila invited Renton to attend weekly coordination meetings on the project. Meetings are at 10:00 AM on Tuesdays in Tukwila. Transportation and Utilities staff may alternate attendance, but there needs to be a City staff member at these meetings, at lease over the next weeks/months. 2) The City has put forward the position that utilities should be designed as part of the project design process. However the funding discussion turns out, I do not want the city of Renton to take over design of utilities for this project. This needs to be completed by Tukwila or their consultant, with guidance and assistance by our staff. 3) Wetland/Detention Pond site: We were asked to review our regulations and provide answers to the following (Neil, with assistance from Lorraine or others): A) Can wetland buffer or wetlands themselves be used for citing detention facilities? (Neil and Lorraine). B) Can the pond or storm water pumps be sited in the buffer? (Neil and Lorraine) C) Will a conditional use permit be required for the relocated utilities? (Lorraine). D) A developers agreement was entered into between the City and the developers of the Sternoff site to encumber 20,000 SF of City property. What are the provisions, and is there any way that this encumbered property can be used? (Neil or Jana-to look into). E) The consultant, Berger/Abam will need to do a wetland delineation study to determine environmental value of the City property being considered for locating the detention tank. Responses to the above questions will be provided to Berger/Abam, who will then put together a schematic showing their proposed use of the City property. At some point the proposed use of City property will need to be brought before Renton's elected officials for a decision on this proposed use, but not until Renton receives a better submittal showing the intended improvements. 4) Box Culvert-Tukwila reports Kent has no trouble allowing this jointly funded Renton/Kent facility to be removed. Renton may raise this issue during cost participation discussions later. 5) Water Main, about$420 K to do it right. Undetermined who pays. Abdoul will help Berger/Abam with design efforts. Provide design standards to Berger/Abam. Big issue- maintaining Fire Flow. Jim Morrow to discuss risk aspects with Kent and Tukwila fire departments. If a loop can be temporarily taken out of service, could save $200 K. 6) Sanitary Sewer: two properties in Kent can be tied into the Kent system. Preliminary accord was reached on the sewers. Provide sewer design standards to Berger/Abam (Mike Benoit) 7) Public notification. Tukwila wants Renton to help compile a list of individuals or business that could be notified. (all) films 1D Short Plat'(SHPL# \ '�J REQUEST FOR PRO=# Prelim.Plat (PP# � CAG# ) To: Technical Services Date -7 j 00 WO# 3 Green# From: Plan Review/Project Manager o e vl N Project Name O14 i vl _Sfa e f Cs� S��grs�f10�1 P�Ui 2 (0 charaacrs tnax Description of Project: ITi- L+ g F IL',Kam'k .S a C. ~p 1�e__ C,v w r ri d! C Pl S( / _)Z e �, L 0 F ' Ci�St 1'IAVIJ [i (U►'C-ldCu"6-N^ dF- Wc�Ll� ) S�wtL C, JvC�.1 S rrn ✓G1� � VsP �vCl G/ , rcle Size of Watedine: 8" 10" 12" Circle One: New or Extension Circle Size of Sewedine: 8" 10" 12" Circle One: New or Extension Circle Size of Stormline: 12" 15" 18" 24" Circle One: New or Extension Address or Street Names) Dvlpr/Contractor/Owner/Cnslt:: � dF �tvin C�� OF Tit/e"„'/� �— (70 ch mctcrs max) Check each discipline involved in Project 1-tr Drwg #of sheets per discipline Trans-Storm ❑ ❑ (RoadwaylDraioagc) (Off sitc imptvvemontsKnclude basin name) (include TESC thccts) Transportation (signalimdon,Channeiization,Lighting) ❑ Cl Wastewater ❑ Cl sanitary Scwu Main(include basin name) IQ Water (Mains.Valves,Hydrants) ❑ ❑ (Include composite&Horizontal Cut sliccts) 16 Suface Water ❑ (CfP LY)(includc basin name) Improvements TtD-yO--a &rVd- TS Use Only 't o-yI-G�,g(OD, ww P- a-7- Sa- w-m-a-i-A Stow w-a (o a- SWP- 'A-7- South 180th Street Grade Separation Tukwila/Renton/Utility Coordination Meeting 19 December 2000 1:30 PM City of Tukwila Agenda I. S. 180`h St. Grade Separation Schedule ✓ • Bid Open 10 April 2000 ✓ • City Contractor Starts June 2000 ✓ PSE-City Schedule/Permit Coordination Meeting Issues: ✓Environmental Permits ✓ RR C&M Agreement ✓Coordination of jacking operations C'Clearing, Grubbing and Grading (wetlands) II. Updates to Plan ✓ • Fire Hydrants ✓ • Power to Bldg. 7220 �/• PSE access road/trail in front of 7220 �• Candle Shop Driveway SD pump station J • Casings • Water in front of 7220 • Seal at Public Storage Driveway • Public Storage Parking • Side sewer replacement III. Comments received ✓ • Gas/Electric Conflict ✓ • Power IV. Issues: • Vertical clearances. • Existing Utilities — • HP gas north or south of IP? Location in 40' easement • Casings • Public Storage Driveway • Ties to existing at Limits of Construction • Solicitation from others Page 1 of 2 South 180th Street Grade Separation Tukwila/Renton/Utility Coordination Meeting 19 December 2000 1:30 PM Agenda (continued) V. City of Tukwila Design Development • Show relocates on Contract Plans • Exchange of electronic information • 95% Submittal to City Jan 12. VI. Outstanding Issues • Confirmation of Existing Utilities VII. Distribution of Plans VIII. Closing Page 2 of 2 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Permit Parcel Number: 362304-9002 Agreement Project: S 180t1l Street Grade Separation Grantor(s): Grantee(s): 1. City of Renton,a Municipal 1. City of Tukwila, a Municipal Corporation of the Corporation of the State of Washington State of Washington The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto Grantee herein,its permittees, licensees,successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through, across and upon the following described real estate,for Right-of-Way purposes: LEGAL DESCRIPTION: The southerly 600 feet of the parcel situate in the Northwest Quarter of Section 36,Township 23 North,Range 4 East,W.M.in the City of Renton,County of King,State of Washington more particularly described on the attached Exhibit A. For the purpose of constructing the planned project improvements associated with the South 1801'Street Grade Separation Project. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof,and shall continue until the earlier of December 31,2001,or the execution of an Interlocal Agreement and permanent easement for the project. IN WITNESS,WHEREOF, said Grantor has caused this instrument to be executed this 2day of A j2 y, 1 , 2001. City of Renton BY: regg 1 e ,A ministrator uiPlann g/Public Works Department 6 Exhibit A Legal Description Parcel No. 362304-9002 That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East, W.M.,in King County,Washington,lying easterly of the Northern Pacific Railroad right-of--way and lying west of the following described line: Beginning at the northeast comer of Henry Adams Donation Land Claim; Thence east along the centerline of South 180'Street(formerly Co.Rd.), 114 feet: Thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; Thence north 644.78 feet; Thence northerly on a straight line,parallel to the east line of said Northern Pacific Railway Company right-of--way,to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof, AND EXCEPT that portion described as follows: Beginning at the southeast comer of said northeast quarter of the northwest quarter; Thence north 30 feet; Thence west,parallel with said south line of said subdivision, to a point 69.95 feet easterly of, as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; Thence north,parallel with said Old Mainl Line Tract centerline, a distance of 213.40 feet; Thence westerly,as measured at right angles to,said Old Main Line Tract centerline, a distance of 19.95 feet to a point distant 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline; Thence southerly along a line 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline,to a point 30 feet north of the south line of said subdivision; Thence east to the TRUE POINT OF BEGINNING. H:\DIVISION.S\PROPSERV\FORMS\Agreements\TCE Permit Tukwila.DOC\ Page 2 FORM 03 0000/bh/CA2-21-97 A (� ,/ PLANNING BERGER//`1U/`1/r/ ENGINEERING ENVIRONMENTAL E N G I N E E R S I N C. PROGRAM MANAGEMENT Transmittal Memorandum APR 2 3 2001 CITY OF RENTON To Renton City Hall - 5th Floor Date 4-20-01 1055 South Grady Way Project S. 180th St. Grade Separation Renton, WA 98055 Our Number A00084 Attention Ron Straka Your Number Regarding I am forwarding Prints x Originals Reproducibles Photocopies Other NumberQuantity ID Date Description 1 Apr. 2001 Updated Final TIR Remarks Ron: For your records. SSiinc�er�elly, " (3 - 2-L) cc: By BERGER/ABAM Engineers Inc.,33301 Ninth Avenue South .Federal Way,WA 98003-6395 Phone 206/431-2300.Fax 206/431-2250 00010) BERGER/ABAM ENGINEERS INC. Ap,� PLANNING Feder Ninth Avenue South S3-2uit 300 BERGER//`10/`1/Y� ENGINEERING Federal Way, Washington 98003-2600 ENVIRONMENTAL 206/431-2300 • FAX 206/431-2250 E N G I N E E R S I N C. PROGRAM MANAGEMENT 19 June 2000 e_L Ms. Laureen Nicolay City of Renton Development Services Division South Grady Way Renton,WA 98055 Re: Preliminary Project Review for the South 180th Street Grade Separation Shoreline Substantial Development Permit Application/Tree Cutting Variance Dear Ms. Nicolay: On behalf of the City of Tukwila, BERGER/ABAM Engineers Inc. has prepared this preliminary project review submittal for your review. Of specific concern are the requirements for a shoreline substantial development permit and the potential need for a land clearing and tree cutting variance. The proposed project will take place within 200 feet of Springbrook Creek and an outfall structure associated with a proposed detention pond is to be constructed within 25 feet of Springbrook Creek, within its buffer. A review of critical areas was conducted by the City of Tukwila and BERGER/ ABAM. This review included a wetland delineation and draft mitigation plan, a wildlife study, a Level 1 stream survey, a floodplain/drainage study, and a Biological Assessment. These documents are attached for your review. The proposed project is discussed below. The City of Tukwila is initiating a grade separation on South 180th Street between vehicular traffic and railroad tracks owned by Burlington Northern Santa Fe (BNSF)and Union Pacific(UPRR). See attached vicinity map. The corridor is classified as a principal arterial facilitating east-west vehicular traffic in the Tukwila, Renton, and Kent areas of the Green River Valley. The existing four-lane roadway serves not only local connections between State Route 181 (SR 181)(West Valley Highway) and East Valley Highway,it is also part of a central corridor feeding SR 167. Currently, South 180th Street is the only major crossing of the railroads for 3.5 miles between Interstate 405 and South 212th Street. As a result,the existing roadway experiences high traffic volumes. The existing north-south rail corridor currently contains three sets of tracks,two BNSF and one UPRR. These lines are heavily used for both freight and passenger service,with upwards of 60 trains per day. The intersection of these two heavily used corridors results in not only extensive traffic delays but also in numerous accidents. From 1996 through 1998, 24 accidents were reported on South 180th Street. One of the accidents in 1998 resulted in two fatalities when a train hit a car. In addition, the Interurban Trail crosses South 180th Street just west of the UPRR tracks. The trail is widely used as a walking and bicycle path. A regional program, Freight Mobility Strategic Investment Board(FMSIB),has been established to help fund the design and construction of grade separations. The main objective of the program is to provide safe and efficient roadways and railroads. In response to the obvious safety issue, the City of Tukwila applied for and received funding for the separation on South 180th Street and the railroad tracks. The project budget has been established at$15 million with the FMSIB, the cities of Tukwila and Renton,the Port of Seattle, King County,Washington State Department of Transportation (WSDOT), and both railroads contributing a portion. Ms. Laureen Nicolay 19 June 2000 Page 2 The proposed roadway will consist of four through lanes, two in each direction,with a center left- turn or median lane. This center lane will serve as a turning lane at the beginning and end of the alignment. As the roadway passes under the tracks, the piers supporting the railroad crossing will be located in this center lane and delineated as a median. The center piers are proposed to be columns sitting on a pile cap,which is supported by a 4-foot-diameter secant pile wall. Protective barrier(guardrail or jersey barrier)will also be provided on both sides of the column. It was determined that a 12-foot center lane will be able to accommodate the pier. For consistency,this width was carried throughout the length of the project. Traffic will be detoured to South 196th Street during construction at the conclusion of independent construction currently taking place at that location. After careful consideration to both the traffic volumes and surrounding constraints, it was determined that 11-foot travel lanes would be used for all through lanes. Although the new road will not have a direct connection to the Interurban Trail,its proximity indicates the possibility for a fair amount of bicycle traffic. To accommodate bicyclists,the outside lane in each direction will be 15 feet wide. All design was performed in accordance with the procedures and requirements set forth by WSDOT, King County Department of Transportation,American Association of State Highway and Transportation Officials(AASHTO), and the City of Tukwila. The requirements include not only roadway standards, but also current guidelines for treatment of roadway drainage and environmental mitigation. Construction is proposed to begin in April 2001 and is expected to last approximately one year. The grade separation project will include the following activities located within 200 feet of Springbrook Creek. ■ Vehicular traffic will divert under the existing railroad tracks. The tracks will be tressled on the south side of South 180th Street within the City of Kent and bridge piers will be installed where necessary to support the railroad. ■ The tracks will be shooflied(detoured)temporarily to allow for construction of the underpass. The shooflies will impact a total of 1.11 acre of wetlands within the cities of Tukwila and Kent. Mitigation for these impacts is proposed on land within and owned by the City of Renton immediately east of the BNSF tracks and north of South 180th,within 200 feet of Springbrook Creek(See attached figure). Following discussions with the City of Renton, it was determined that the impacted wetlands will be mitigated at a 1.5:1 ratio in accordance with mitigation standards of the cities of Tukwila and Kent. ■ The existing roadway will be widened slightly to allow for safe travel for bicyclists. These widening efforts and road construction will take place within 200 feet of Springbrook Creek. ■ Increased amounts of impervious surface and grading will necessitate the need for additional drainage. This will be accomplished through the construction of a detention pond and bioswale located on the same parcel of land on which wetland mitigation is proposed. The detention pond will drain into Springbrook Creek by means of an outfall structure. Approximately three(3) cottonwood trees will be cut for construction of the outfall structure. Ms. Laureen Nicolay 19 June 2000 Page 3 We look forward to continuing discussions regarding this project with the City of Renton. We would like to schedule a preapplication meeting with the appropriate personnel as soon as possible. If you have any questions regarding the information presented in this letter, please contact either Chris Walcott, engineer and project manager; or Gail Brooks, senior environmental planner at 206/431-2300. Sincerely, Becky Gurshaw Biologist BC:ge Attachments cc: Jennifer Henning , City of Renton Ron Straka, City of Renton ✓ Robin Tishmak, City of Tukwila 4 INTERLOCAL AGREEMENT DRAFT 4/24/01 BETWEEN CITY OF TUKWILA AND CITY OF RENTON REGARDING THE IMPROVEMENTS TO SOUTH 180TH STREET THIS AGREEMENT is made and entered into by and between the City of Tukwila,hereinafter sometimes called "Tukwila," and the City of Renton,hereinafter sometimes called"Renton." This Agreement is made for the purpose of performing design,acquiring necessary property,and constructing improvements to South 180th Street in order to accommodate the grade separation with the existing UPRR and BNSF. RECITALS A. Part of the Project is within the City of Tukwila,part of the Project is within the City of Kent,and part of the Project if within the City of Renton. B. The cities of Renton and Tukwila have both identified the need for road improvements on South 180th Street to improve vehicular safety at the existing railroad crossings. C. It is in the best interest of Tukwila and Renton to establish a lead agency to manage this Project and to provide for the design,environmental review, property acquisition and construction of the Project. D. Tukwila and Renton are authorized,pursuant to RCW Chapter 39.34,to enter into an interlocal government cooperative agreement of this nature. E. The water main within the existing right-of-way needs to be relocated to the north of the existing right-of-way in order to accommodate the grade separation with the roadway going under the railroads. F. The sewer main within the existing right-of-way needs to be relocated to the north of the existing right-of- way in order to accommodate the grade separation with the roadway going under the railroads. G. Wetlands with he railroads right-of-way need to be filled to accommodate the temporary railroad shoofly. Mitigation for filling these wetlands will be accomplished on City of Renton property adjacent to the Oakesdale Business Park H. Stormwater detention and a pump station need to be located adjacent to the South 180`h Street.City of Renton property along the northeast quadrant provides the best alternative for collecting,treating and discharging stormwaters. NOW,THEREFORE,Tukwila and Renton agree as follows: AGREEMENT Job No. A00084 1 O:/InterlocalAgreement.doc I. SCOPE OF WORK This Project will reconstruct the existing four-lane South 180th Street in order to grade separate the roadway from the existing UPRR and BNSF. New curb,gutter,and sidewalks are proposed within the grade separation. Wetland mitigation and stormwater facilities are proposed within the limits of City of Renton property along the Northeast quadrant of the project. Structural walls will be used to minimize impacts to adjacent properties. 2. TERMS AND CONDITIONS 2.1 Tukwila shall be the lead agency for the Project with regard to design,environmental review,obtaining right-of-way and other property, if needed,construction and all other matters pertinent to accomplishment of the Project. 2.2 Tukwila shall be the lead agency for coordinating,developing and obtaining permits for the creation of wetlands on the City of Renton property. City of Renton will provide review and written comments, if any,to Tukwila for the wetland mitigation plans. Wetland mitigation will be consistent with Option 2 outlined by the City of Renton dated October 4,2000 where 1.92 acres of wetland creation that included 1.67 acres required for filling of wetland within the railroads right-of-way for Shoofly embankments and 0.25 acres to replace the Oakesdale Business Park wetland buffer encumbrance. Tukwila will provide to Renton a calculation showing the allocation of the 1.92 acres within the City of Renton parcel, "Vi-i da wi11 Pit dvau ca/c41gfi'd✓.s Sh0t-Jih)O unilc,d Q✓,!n v1Pc"ssaV9 For tl 4 ras1r✓eion Of- t1rA deem p ou„d I shtm ey�lra-_Ly 5*"er.,6r bt IRVr3 , utc.0 Nails krJ pip[ soff;11. 2.3 Tukwila shall be the lead agency for the Project with regard to the water main and sewer main relocation designs ano r corl ructions. City of Renton contact persons for the water and sewer utilities IIA< t C� will meet and assist uC on an"as needed" basis to provide guidance for the utility relocation design and contract documents preparation. 2.3 Tukwila shall be responsible for the advertisement'f and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.4 Tukwila shall be responsible for coordinating the public information and involvement. Renton shall be given the opportunity to attend and participate in any public meetings. Job No. A00084 2 O:/InterlocalAgreement.doc 2.5 Tukwila shall provide to Renton the necessary pen-nits(Shoreline Substantial Development Permit)for the construction of that portion of the Project within Renton's jurisdiction. 2.6 The parties to this Agreement shall appoint a contact person or persons to act as liaison for the Project. These contact persons will meet on an"as needed" basis to provide guidance for the Project and serve as a coordination body between the two agencies. 2.7 Tukwila will provide 70 and 95 percent plans and specifications to Renton for review. Renton will provide written comments, if any,to Tukwila within 10 days after Renton receives the plans and specifications. 2.8 Tukwila shall be responsible for the acquisition of all property necessary for the Project. Renton agrees to cooperate in Tukwila's efforts to acquire property that lies within Renton. Renton agrees to cooperate in Tukwila's efforts to acquire property for utility easements and agrees to cooperate in Tukwila's efforts to locate utilities to minimize property impacts and damages. Renton authorizes Tukwila to exercise eminent domain with Renton, as needed. Title to any property acquired within Renton shall be vested in the City of Renton. 2.9 Renton hereby grants Tukwila right-of-entry into the incorporated limits of Renton for the purpose of performing any and all tasks necessary to complete the Project. 2.10 The final acceptance of the Project design shall be by Tukwila after review by Renton. 3. CONSTRUCTION CONTRACT BIDDING 1.1 Tukwila shall prepare the contract bid documents for the Project. 3.2 Tukwila shall advertise the contract in the official legal publication for the City of Tukwila and, if necessary,other newspapers to provide the widest possible coverage commensurate with the size of the Project. 3.3 Tukwila will provide to Renton a copy of the plans and specifications advertised for bid. 3.4 Tukwila will open the bids. Tukwila will notify Renton of the time and date of the opening of the bids, which will be approximately five to six weeks after the Project is advertised. Renton may,but need not,attend the opening of the bids. Job No. A00084 3 O:/lnterlocalAgreement.doc e 3.5 Tukwila will tabulate the bids. Tukwila shall provide a dated,verified copy of the bid tabulations to Renton. The bid tabulations will identify the estimated construction, inspection,and overhead cost, based upon the lowest responsible bid. i 3.6 Tukwila shall award the contract to the lowest responsible bidder for the total Project,subject to applicable laws and regulations. 4. CONTRACT ADMINISTRATION 4.1 Tukwila shall provide the necessary engineering,administrative, inspection,clerical arid Qther.servifes tuli w11C% S necessary for the execution of the Project. In providing such services within Renton,tl City lkf T4kwila Engineer may exercise all the powers and perform all the duties vested by law or ordinance in the City of Renton Engineer or other Renton officer or department charged with street administration. 4.2 Renton may furnish an inspector(at Renton's expense)to insure proper compliance with requirements during the construction of the portion of the Project located within Renton. Renton's inspector shall advise Tukwila of any deficiencies noted. Renton's inspector shall not communicate directly with or instruct the contractor directly on any matters regarding contract performance. Renton shall notify Tukwila, in writing,of any changes it wishes to make in the plans and specifications,which affect Renton's portion,which changes shall be made, if feasible. The Tukwila City Engineer will have the authority to determine whether any changes requested by Renton will be implemented. Renton will be financially responsible for those requested construction changes if it significantly changes the scope of work. Renton's financial responsibility will be in addition to Renton's lump-sum payment to Tukwila described below. 4.3 Tukwila will at all times keep Renton advised as to the progress of the Project,and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of the City of Renton without first consulting Renton. Tukwila's City Engineer will have the authority to determine whether any changes will be implemented. 4.4 Prior to Project completion,both parties shall perform a mutual final inspection of the Project. Renton may provide a written deficiency list to Tukwila within five working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Tukwila's City Engineer. Job No.A00084 4 O:/InterlocalAgreement.doc 5. OWNERSHIP AND MAINTENANCE 5.1 Relocated water and sewer utilities will remain City of Renton facilities and Renton will assume ownership and maintenance after final contract acceptance by the City of Tukwila. 5.2 Stormwater detention facilities located on the City of Renton parcel shall be owned and maintained by the City of Tukwila, including the underground pump station,the above ground maintenance building that houses the emergency generator,the pond,access roads,and outfall piping. Tukwila will provide Renton with a key to the access gate in order to provide access to the created wetlands. 5.3 The City of Renton will own the ereeLed( last The city of Tukwila will provide 3 years of wetland monitoring and maintenance in accordance with the COE permit. The 3-year monitoring perse ill begin upon final acceptance of the project by the City of Tukwila. Tukwila's Contractor will provide year I of the wetland monitoring for the grade separation project as a part of the one-year warranty period. Tukwila will provide city biologists to inspect and monitor the wetland during the next 2-year period on a bimonthly basis. eme is ion itrofTrkwi4a. A small works contract will be administered by Tukwila to address remediation requirements including but no§f� limited to selective weeding, plant replacement and/or enhancement,and irrigation maintenance.The S.� /SGUSSiorG�Cfrirni'rafl'av d� �Fr+1 Vp�w� Df un�Arv' 9ra.� l�q�ni✓ Try► G�e �F+d( 6. PAYMENT '+'yuti'ov 6.1 Renton will pay Tukwila$500,000.00 as Renton's share of the costs of the Project. Renton has paid $35,000.00 to date. Renton will pay the remaining$465,000.00 to Tukwila in a lump sum no later than June 30,2001. C -t 6.2 In addition to the foregoing lump sum, Renton will pay Tukwila for any City of Renton-requested construction changes for which the City is financially responsible no later than 30 days after Renton receives Tukwila's bill. 6.3 In the event a lawsuit is instituted to enforce the payment obligations of Renton,the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. Job No. A00084 5 O:/InterlocalAgreement.doc 7. DURATION/TERMINATION 7.1 This Agreement shall remain in effect until final acceptance of the Project, payment by Renton of all monies due from Renton to Tukwila,and completion of the wetland monitoring and maintenance period subject to the early termination provisions below. 7.2 If expected or actual funding is withdrawn,reduced or limited in any way prior to the completion of the Project,either party may,with 30 days written notice to the other party,terminate this Agreement. 7.3 In the event of termination prior to completion of the Project: 7.3.1 The party requesting termination shall pay all direct and indirect phasing-out costs. 7.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of termination of the Project. 8. INDEMNIFICATION AND HOLD HARMLESS Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. 9. DISPUTE RESOLUTION 9.1 In the event of a dispute between the parties regarding this Agreement,the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by the Director of Public Works of the City of Tukwila. 9.2 The parties may also agree to an alternative dispute resolution process. 10. OTHER PROVISIONS Job No. A00084 6 O:/InterlocalAgreement.doc 10.1 Tukwila shall be deemed an independent contractor for all purposes and the employees of Tukwila, or any of its contractors,subcontractors,and their employees shall not in any manner be deemed to be employees of Renton. 10.2 Nothing contained herein is intended to,nor shall be construed to, create any rights in any party not a signatory to this Agreement,or to form the basis for any liability on the part of Renton,Tukwila,or their officials,employees,agents,or representatives,to any party not a signatory to this Agreement. 10.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 10.4 Each party shall retain ownership and usual maintenance responsibility for the road,drainage system, signs,sidewalk,and other property within its jurisdiction. 10.5 If any provision of this Agreement shall be held invalid,the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 10.6 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 10.7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written,not incorporated herein are excluded. 10.8 This Agreement may be amended only by an instrument in writing,duly executed by both parties. IN WITNESS WHEREOF,the parties have entered into this Agreement effective as of the date last written below. CITY OF TUKWILA CITY OF RENTON Title: _ Title: Job No. A00084 7 O:/InterlocalAgreement.doc Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Tukwila City Attorney Renton City Attorney Job No. A00084 8 O:/InterlocalAgreement.doc Ronald Straka - INTERLO' . .00 Page 1 .1B Through a perm ent eas ent to be g te/eament y of Renton,the City of Tukwila shall own the create wetlands in perpetui . Thwill include Tukwila's obligation under Section .2 and is included in xhibitity of Tukwila will be responsible for the mainte ce and monitorin f the ccordance with the conditions �` �p fig: specified in allstate and federal permi�s t�iat are necessary to complete the project. The monitoring and maintenance period will begin upon final acceptance of the project by the City of Tukwila. Tukwila's Contractor will provide one(1)year of wetland monitoring for the grade separation project as a part of the one-year warranty period. A small works contract will be administered by Tukwila to address remediation requirements including but not limited to selective weeding,plant replacement and/or enhancement and irrigation maintenance. A / ) C, +-2' Tukwila s to pay the City of Renton fair market value for the uplanff��'' ea required for 011- b%t� � ' wetland//mitigation, ty. The detEr►!n facility includes but is not limited to the access road,pump station,emergency generator building r")and pipe outfall. The value o f the upland area r on and shall be aged as creditTowards Renton's let*share of the project costs. a� ►^�P Ht�r n S 's Condition to be placed on temporary construction easement from Tukwila: Grantee agrees to execute a permanent easement with grantor prior to completion of the S. 180"' Grade Separation Project allowing grantee the use of subject property for the purpose of maintaining and operating a storm water facility and creating wetlands on upland area as part of *e mitigation for the project. Grantee will agree to reimburse grantor an amount equal to the fair market value of the land being used for the purposes stated above. 1. �7 �• �ru �Pfro(rN/xt �fP71"rid� (n/1'r1 �G✓a��` Ch3/Y✓Lo4Ir.r.„t dy/��. r t ,?.q) ac = I()Lf� �Fs/s/�' $rrr L-„vf �z. 5-0 /5r = f12; v >g 3. 0�� Return Address: City Clerk's Office City of Renton \ 1055 South Grady Way Renton, WA 98055-3232 5 Title: Temporary Construction Permit Parcel Number: 362304-9002 Agreement Project: S 180til Street Grade Separation Grantor(s): Grantee(s): 1. City of Renton,a Municipal 1. City of Tukwila, a Municipal Corporation of the Corporation of the State of Washington State of Washington The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto Grantee herein, its permittees, licensees,successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through, across and upon the following described real estate,for Right-of-Way purposes: LEGAL DESCRIPTION: The southerly 600 feet of the parcel situate in the Northwest Quarter of Section 36,Township 23 North,Range 4 East,W.M. in the City of Renton,County of King,State of Washington more particularly described on the attached Exhibit A. For the purpose of constructing the planned project improvements associated with the South 180"Street Grade Separation Project. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof,and shall continue until the earlier of March 31,2003, or the execution of an Interlocal Agreement and permanent easement for the project. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this E5 7"�da Y of_�. U �/ , 2001. City of Renton BY: Gregg Zim e an,A mistrator Plannin ui i ublic Works Department Exhibit A Legal Description Parcel No. 362304-9002 That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East,W.M.,in King County,Washington, lying easterly of the Northern pacific Railroad right-of--way and lying west of the following described line: Beginning at the northeast comer of Henry Adams Donation Land Claim; Thence east along the centerline of South 180'Street(formerly Co.Rd.), 114 feet: Thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; Thence north 644.78 feet)- Thence northerly on a straight line,parallel to the east line of said Northern Pacific Railway Company right-of--way,to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof; AND EXCEPT that portion described as follows: Beginning at the southeast comer of said northeast quarter of the northwest quarter; Thence north 30 feet; Thence west,parallel with said south line of said subdivision,to a point 69.95 feet easterly of,as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; Thence north,parallel with said Old Mainl Line Tract centerline, a distance of 213.40 feet; Thence westerly,as measured at right angles to,said Old Main Line Tract centerline, a distance of 19.95 feet to a point distant 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline; Thence southerly along a line 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline,to a point 30 feet north of the south line of said subdivision; Thence east to the TRUE POINT OF BEGINNING. H:\DIVISION.S\PROPSERV\FORMS\Agreemenu\TCE Permit Tut wila.DOC\ Page 2 FORM 03 0000/bh/CA2-21-97 „ ;} _: , CITY OF RENTON ..LL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 21,2001 Gary Phillips, P.E. Berger/Abaco Engineers, Inc. 33301 Ninth Avenue South, STE. 300 Federal Way,WA 98003-2600 SUBJECT: COMMENTS FOR THE S. 180TH STREET GRADE SEPARATION PROJECT—WETLAND MITIGATION PLAN Dear Mr. Phillips; I have reviewed the Wetland Study and Mitigation Plan and have the following comments: • There is no discussion in the report of the additional 0.25 acres of wetland creation required to unencumber the Oakesdale Business Park wetland buffer that currently exists in the proposed mitigation area. Per the City of Renton letter to Mr. Jim Marrow,Director of Public Works dated October 4,2000,Option 2 gave Tukwila the opportunity to use the Renton property as mitigation for the filling of wetlands in Tukwila provided they agree to create additional wetland in exchange for the buffer encumbrance at a ratio of 0.5:1. The total wetland mitigation for the project including the 0.25 acres is 1.92 acres. The report shows only 1.67 acres of wetland will be created instead of the 1.92 acres needed to mitigate the project wetland impacts and compensate for the buffer encumbrance. • What is the plan for maintenance and monitoring of the mitigation wetlands? • The use of this land for the siting of the storm water facilities and mitigation of wetlands impacted as result of the S. 180th Grade Separation Project will require an interlocal agreement (ILA)to be approved by the Renton City Council prior to the City's acceptance of the wetland mitigation plan. • Neither the Wetland Mitigation Plan nor the 95%construction plans identify the total area(in acres)required for the mitigation. If you have any questions,please contact me at 425-430-7248. Sincerely, Ron Straka, P.E., Utility Engineering Supervisor Surface Water Utility cc: Robin Tischmak into H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-086.doc\R]SWQ\tb 1055 South Grady Way- Renton, Washington 98055 p e This naner contains 50%recvcled material.20%cost consumer C�l n�1 ..� w.. o:= i WILDER ...................... '• . WILDER CONSTRUCTION COMPANY 1908 NOTICE OF PROJECT SIGN IN April 5, 2002 RE: South 180th Street Grade Separation Project Dear Potential Project Visitors: The following sign in procedure must be followed when visiting the S180th Street Grade Separation Project effective immediately. Initial Sign-in/out A project sign-in procedure will be maintained by the general contractor(Wilder Construction) at the field office job trailer for entry onto the project grounds. All contractors, consultants, and interested third parties not present at the morning briefing will be required to sign-in and out on this sign in sheet. The sign in sheet will be posted just inside the door of the eastern most Wilder Connex trailer. For directions or questions on this sign in form ask either Kevin or Kelly one of whom should be present in the job trailer. Rail Road Clearance Procedures For those visitors who will be working within 25' of either the BNSF or UP railroad tracks the initial sign-in should be followed by checking in with the railroad flagger who's tracks you will be working near. For work that crosses both tracks, both flaggers should be notified. The flaggers are normally parked in company vehicles near the railroad/road crossing. If you need help finding the appropriate flagger either ask the City of Tukwila project representatives (in Building 7220 Suite 200) or Wilder Construction personnel working in the area. Under no circumstances is work to be performed within the railroad work zone prior to checking with the flaggers. Protective Clothing Protective clothing is required for all visitors within the Railroad work zone. This clothing includes railroad approved hardhats, safety glasses, bright orange safety vests, and safety toe work boots. For short term visitors some of these requirements may be waved on a case by case basis as determined by the railroad flagger. Visitors are required to supply their own protective clothing. Communication Devices When working within the railroad work zone some form of communication device must be on your person at all times and the railroad flaggers must be able to contact you through this device on a moments notice. When checking in with the flagger bring a business card(2 if necessary) or some other identification that will give them information on which company you work for and how to immediately contact you to clear the tracks. Visitors are required to supply their own communication device. Change of Procedures Sign-in procedures may change throughout project construction in response to current safety risks. The safety guidelines will dictate the daily procedures. In all cases the initial sign in will be through Wilders job trailer. Both the City of Tukwila and Wilder Construction welcome your contribution to a successful project and strive to create a safe work place. V J ILA, •... oTukwila'% City of Public Works Department -'; 1 04 South 180`h Street Grade Separation Project Office ', ;''= 7220 S 180`h St, Suite 200 • Tukwila, Washington 98188 1906 March 5, 2002 REi PRECONSTRUCTION CONFERENCE MAR 13 209? MEETING MINUTES CITY OF RENTON UTILITY S"S-,_yS SOUTH 180TH STREET GRADE SEPARATION CITY PROJECT NUMBER: 87-RW09 FEDERAL AID NO.: HP-1998(024) STATE CONTRACT NO.: TA-1269 CITY CONTRACT NO.: 02-002 Day/Date/Time: Tuesday, February 19, 2002 @ 9:30 a.m. ATTENDEES: See attached sign-in sheet (Distribution to all attendees and stakeholders) Preconstruction Conference Agenda South 180th Street Grade Federal Aid No: HP City Project No.: 87-RW09 City Contract No.: To Be Assigned with Notice to Proceed Contractor: Wilder Construction Company A. Bob Giberson began the meeting by going around the room with self-introductions. I. ORDER OF WORK (Network Analysis Schedule) Mike Bell, Wilder Construction, briefly discussed their preliminary Network Analysis Schedule (NAS) with a Notice to Proceed of March 4, 2002. Initial efforts are for coordination of utility work, than mechanical/electrical work and building demolition, then utility relocation of water, sewer, natural gas, power, phone; start railroad shoofly embankments; next big push will be Cement Deep Soil Mixing (CDSM) work area preparation — CDSM by Raito begins with mobilization and test section. After utilities are relocated out of S 180th, the one-year road closure will start'about the last week of April', followed by moving to the center area between tracks, then they move from inside out to complete CDSM. Fax: (425) 251-0921 Telephone: (425) 251-8213 II UTILITIES , RAILROADS AND MAINTENANCE A. Affected services and utility representatives Richard Garcia, King County Metro Transit Planner, announced that Metro had already rerouted the only affected bus route. However, Metro still would like to be contacted for the road closure in April. B. Underground services shall be located (call one call @ 1-800-424-5555) C. Notification time required. Strive for at least 2 weeks to notify railroads of work and flagging needs. D. Railroad Insurance All railroad insurance and right of entry agreements need to be in place prior to work within 25 feet of railroad tracks. Wayne Lonngren reminded all parties must be certified in railroad safety and have appropriate safety wear to be on BNSF property (for UP and BNSF safety training, go to www.contractororientation.com) E. Railroad Agreements The City has routed the UP'New Public Crossing Agreement'and the BNSF'Construction and Maintenance Agreement'. Discussion concerning railroad flagging dispatching. A separate railroad coordination meeting was scheduled for 1 p.m., Friday, February 22"d at project office (7220 S 180tn St, Tukwila) A short discussion ensued regarding shoofly design speed. Chris Walcott provided a packet of design data that shows the basis of the shoofly design speeds. F. PSE. Short discussion about power and gas relocations. Brenda Wagner, PSE, asked about timing of vaults in the way of north boring/casing. G. MCI WorldCom. MCI previously relocated fiber optics in joint-build bore under S 180tn, 32 ft off the UP tracks, well under the new S 1801h profile (as-builts were requested from Michael Fullmer). The bore extended 500 ft north and south of S 180tn H. Renton Water: Abdoul Gafour mentioned that only Renton personnel turn valves and perform the actual cut, cap and cut-over labor. Aboul would like to see all submittals for Water line. Ray Sled, (425-430-7400) mentioned Renton does not allow dry powder chlorine for disinfection, only liquid. If anything happens in Renton at night, call Renton Police at 425-430-7500. III DISINTERESTED PARTIES DISMISSED IV. SUBCONTRACTORS AND AGENTS A. Request to Sublet, Statement of intent iJ Pay Prevaliii ig v'vagc All subcontractors must have approved Request to Sublet Form, Federal Subcontractor Certification, and Statement of Intent to Pay Prevailing Wages submitted prior to working on this project. B. Subcontracted work must not exceed 70% of the base contract amount. C. Subcontractor's route correspondence via prime contractor. Route all through prime. D. Prime Contractor must have a representative with authority on the job site at all times (designated by letter) E. DBE subcontract work (condition of award). DBE subcontractors will be monitored, interviewed and quarterly reports will be submitted to WSDOT, per the contract specifications. V RECORDS AND REPORTS A. Description of required forms B. All reports must be handled through prime contractor's office C. Request for approval of sources of material should be submitted as soon as possible D. Falsework and shoring plans E. Certified payrolls must be submitted on time and wage rate interviews will be conducted F. EEO and trainee requirements. The contract requires that a training plan be submitted, approved and the 2000 hours met. G. DBE Requirements. The DBE goal was met in the bid submittal, and will monitored for attainment throughout construction. H. Required job site posters. Dave Engle, WSDOT handed out a partial pack of posters with a sheet directing Wilder Construction to www.wsdot.wa.gov/fossc/cons/default.htm in order to download the remaining posters. The prime contractor is responsible for all employees and subs. Dave highlighted the difference between state and federal wages for trucking, depending on whether they were delivering only (state) or also were hauling off(federal). I. Davis-Bacon, USDOL, WSDOT and City of Tukwila's codes will govern for all labor compliance J. ADA requirements will be monitored. VI TRAFFIC CONTROL AND SAFETY A. Manual on Uniform Traffic Control Devices shall control signing B. Traffic control plans, detour plans must be submitted for approval. Discussion about uniformed off- duty officers may be submitted for approval by Wilder Construction in order to help the road closure set up go more smoothly. Officers will be dispatched by Tukwila Police, through the local police guild (contact Daryl Baskin C. Safety control on structures will be monitored D. Flaggers should use standard paddle and vest and must be certified (be aware of new L&I standards) E. Speed regulation of construction equipment F. Responsible parties for traffic control need to be submitted and approved. G. Safety and health standards are governed by WISHA and OSHA. H. Request police to report all construction zone accidents to the contracting authority (emergency calls from cell phones should not go thru 911: DIAL 253-852-2121 TO REACH VALLEY COMMUNICATIONS CENTER; the local 911 call center. Cell phones can end up contacting any 911 center in Puget Sound.) I. Gross legal load limits shall be adhered to J. Covered loads or 6 inches of freeboard (Section 1-07.1 of the Standard Specifications VII. ENVIRONMENTAL CONSIDERATIONS A. Permits and environmental requirements are included in the contract provisions B. Standard Specifications/Speciai Provisions contain si upped ental requiremnei is C. Contractor is responsible to comply with all permits, laws and codes VIII GENERAL CONSTRUCTION DISCUSSION A. Weekly coordination meetings will be held at the project office on Thursdays at 1pm for all parties that are invited to that week's discussion. B. RAITO, the CDSM sub, plans to work 2 rigs for 2 shifts, from 7am to 5pm and to 3am; with 1 shift on the initial test section. C. Conflict resolution — partnering. Partnering session scheduled for all day February 271h D. Detailed breakdown of field and office overhead costs by Prime Contractor and Subcontractors must be submitted prior to any change orders. E. Mike Bell suggested a project sign-in sheet be maintained in order to control access of visitors to site and to help meet railroad flaggers needs for clearing the tracks. F. Bob handed out a list of City of Tukwila Holidays that cannot be worked on without advance approval requested and given in writing. S I 3C,ft4 C-qZJNDL FTIZOZE�Cr Easement Area = 4.5 Acres �'SM MArM 4 F-E Ar Z.E oo t?-E D Fo IL 'T�E ?v-ooSIzGr 3, O AG, Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Permit Parcel Number: 362304-9002 Agreement Project: S 180th Street Grade Separation Grantor(s): Grantee(s): 1. City of Renton,a Municipal 1. City of Tukwila, a Municipal Corporation of the Corporation of the State of Washington State of Washington The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto Grantee herein,its permittees, licensees,successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through, across and upon the following described real estate,for Right-of-Way purposes: LEGAL DESCRIPTION: The southerly 600 feet of the parcel situate in the Northwest Quarter of Section 36,Township 23 North,Range 4 East,W.M. in the City of Renton,County of King,State of Washington more particularly described on the attached Exhibit A. For the purpose of constructing the planned project improvements associated with the South 180"Street Grade Separation Project. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof,and shall continue until the earlier of December 31,2001,or the execution of an Interlocal Agreement and permanent easement for the project. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of , 2001. City of Renton BY: Gregg Zimmerman,Administrator PlanningBuilding/Public Works Department Exhibit A Legal Description Parcel No. 362304-9002 That portion of the northeast quarter of the northwest quarter of Section 3 6,Township 23 North,Range 4 East, W.M.,in King County,Washington, lying easterly of the Northern Pacific Railroad right-of-way and lying west of the following described line: Beginning at the northeast corner of Henry Adams Donation Land Claim; Thence east along the centerline of South 180`s Street(formerly Co.Rd.), 114 feet: Thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; Thence north 644.78 feet; Thence northerly on a straight line,parallel to the east line of said Northern Pacific Railway Company right-of--way,to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof; AND EXCEPT that portion described as follows: Beginning at the southeast comer of said northeast quarter of the northwest quarter; Thence north 30 feet; Thence west,parallel with said south line of said subdivision,to a point 69.95 feet easterly of,as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; Thence north,parallel with said Old Mainl Line Tract centerline, a distance of 213.40 feet; Thence westerly,as measured at right angles to,said Old Main Line Tract centerline, a distance of 19.95 feet to a point distant 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline; Thence southerly along aline 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline,to a point 30 feet north of the south line of said subdivision; Thence east to the TRUE POINT OF BEGINNING. H:\DIVISION.S\PROPSERV\FORMS\Agreements\TCE Permit Tukwila.DOC\ Page 2 FORM 03 0000/bh/CA2-21-97 1\tA:• qs CITY OF TUKWILA -- PUBLIC WORKS DEPT. Qf FAX TRANSMITTAL JR FAX NUMBER (206) 431-3665 190� TO: DATE: TITLE: FROM: COMPANY: TITLE: DEPARTMENT: DIVISION: FAX NO. CALLED: � TMAL NUMBER OF PAGES � SENT BY 25 O TRANSMrr=, INCLUDING (INITIALS): TICS COVER SHEET. SUBJECT: COMMENTS/MESSAGE: P Le SSE v Ec,J A-�J 1) t_-L L 76 C� 5 F 4 IF THIS COMMUNICATION IS NOT CLEARLY RECEIVED, PLEASE CALL: TUKVWILA PUBLIC WORKS DEPT. - 6300 Southcenter Blvd, Tukwila WA 98188 - (206) 433-01798/w T M,�In-)n H7TM>inl wH80:TT To. 9e 6cdb CITY OF TUKWILA TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this day of , 2001,between the CITY OF RENTON,a Municipal Corporation of the State of Washington,hereinafter referred to as Grantor;and the CITY OF TUKWILA, a Municipal Corporation of the State of Washington,hereinafter referred to as Grantee; WHEREAS, Grantor is the owner of certain lands and premises situated in the County of King,State of Washington, described as follows: That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East, W.M., in Kirtg. County,Washington, lying easterly of the Northern Pacific Railroad right-of-way and lying west of the following described line: Beginning at the northeast comer of Henry Adams Donation Land Claim; Thence east along the centerline of South 180'Street(formerly Co.Rd.), 114 feet: Thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; Thence north 644.78 feet; Thence northerly on a straight line,parallel to the east line of said Northern Pacific Railway Company right-of--way,to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof; AND EXCEPT that portion described as follows: Beginning at the southeast comer of said northeast quarter of the northwest quarter; Thence north 30 feet; Thence west,parallel with said south line of said subdivision,to a point 69.95 feet easterly of,as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; Thence north,parallel with said Old Mainl Line Tract centerline, a distance of 213.40 feet; Thence westerly,as measured at right angles to,said Old Main Line'Fact centerline, a distance of 19.95 feet to a point distant 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline; Thence southerly along a line 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline,to a point 30 feet north of the south line of said subdivision; Thence east to the TRUE POINT OF BEGINNING. WHEREAS,Grantee is desirous of acquiring certain rights and privileges across,over, and upon said land and a premises; NOW,THEREFORE, Grantor, for valuable consideration,the adequacy and receipt of which is hereby 4 acknowledged,hereby grants to the Grantee,its successors and assigns and its permittees and licensees, the temporary right, privilege,and authority to construct the planned improvements associated with the South 180t,Street Grade Separation project across, under,over,and upon the following described lands and premises situated in the County of King, State of Washington,to-wit: 77.14 mdiQxQ d-iIm>ini WdGO:TT To, 90 z�dti Parcel 8—Legal Description The southerly 600 feet of the above descrlbed real property,situated in King County,Washington. Together with the temporary right of ingress to and egress from said lands across adjacent lands of the Grantor,for the purpose of constructing the improvements associated with the South 18011 Street Grade Separation project on said lands, The rights, prlveleges, and authority hereby granted shall not limit the Grantor's right to use the surface of the above- described easement in any manner. This conveyance is conditioned upon the Grantee's obligation to construct the improvements according to the approved plans or approved revisions to the plans. The rights,privileges, and authority hereby granted shall continue to be in force until December 31,2003 or such time as the Grantee,its successors and assigns,shall complete close-out of the project,whichever is sooner, at which time all such rights, privileges,and authority hereby granted shall terminate. IN WITNESS WHEREOF,this instrument has been executed the day and year first above written. GRANTOR; V �i �t ir STATE OF WASHINGTON ) )SS. COUNTY OF ) On this day of 2000,before me,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared_ and to me known to be the person(s)who signed as and of the that executed the within and foregoing Instrument,and acknowledged said Instrument to be the free and voluntary act and deed of for the uses and purposes therein mentioned; and on oath stated that authorized to execute the said instrument on behalf of GIVEN UNDER my hand and official seal the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, C'• 4 Md/Q9a d-iz MSinl wdG2:Z i To, 92 ddd residing at My Appointment Expires: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: By: CITY ATTORNEY ,i r, MdiQoQ b7imNni WHOT :TT To, g0 Kidd -------—.., �.. ._µ .. n. �. .. _ Allen uynn-Temp. �onst. 'ermit From: "Robin Tischmak" <rtischmak@ci.tukwila.wa.us> To: <Lwilson@ci.renton.wa.us> Date: 4/17/01 9:20AM Subject: Temp. Const. Permit Hi Lin- I had been working with Tom Boyns on right-of-way issues in order to certify it for WSDOT and the Feds. We determined that a temporary construction permit would satisfy certification and that any permanent easements or right-of-way couold be handled later witht he interlocal agreement. sent a draft of the temp. const. permit to Tom and he passed it on to your surface water group. I got a couple of calls from Allen Quynn indicating that they felt it might be necessary to add some conditions to the permit before it was executed by Renton. Our feeling is that those issues should be covered in the interlocal agreement and not in the temp. permit in order for right-of-way certification to move forward. The issues that were brought up as conditions were global items that Jim and Gregg had discussed previously and had come to some sort of agreement. This was a matter of Jim contacting Gregg to see about executing the temp. const. permit and covering conditions in the interlocal agreement. Apparently they both concur with handling it that way. I hope this sheds some light on that e-mail and the issues involved. Let me know if you have any other questions. Thanks. Robin (206)433-0179 ',Allen Quynn - Re: S. 180th Grade Separation Protect From: Thomas Boyns To: Allen Quynn Date: 4/9/01 2:02PM Subject: Re: S. 180th Grade Separation Project Allen: Thank you for this information. I have been reviewing sales of land in the area and have compiled a list of comparables which is attached. Our zoning IH is more restrictive than the Tukwila Commercial zone and impacts property values. Any sale older than two years is not very useful except to indicate a trend in valuation. Improved land, being land with a building on it, requires a calculation to extract the proportion of value attributable only to the land, and unless that is the only sale information available we would use it but when we have comparable vacant land sales of a similar size and zoning, we prefer not to use improved property as comparables. It appears to me as a first estimate that you should be comfortable using a value of$5.00 per square foot for the property. Since no other use will be possible after the easement is recorded, an easement would be valued between 50 - 80% of the fair market value, or from $2.50 to $4.00 per square foot. Again, it would be prudent to suggest that Tukwila obtain an appraisal and make a formal written offer for what they need for the project. PID Address Sale Date Sale Price Square Feet Price/Square Foot 1352300850 115 FACTORY AV N 2/12/01 119,000** 4120 $16.17 0000200017 S 180 & 715 S 3/24/00 1,100,000 34922 $31.50 3340404865 603 SW 12TH ST 2/11/00 75,000** 3500 $4.89 0000200012 18000 72ND AV S 9/13/99 8,192,000.00** 280324 $7.92 3623049013 7200 SW 43RD ST 1/4/99 799,500.00** 30003 $12.31 3623049057 17700 WEST VALLEY HW 2/28/94 2,000,000.00** 378540 $4.27 3623049097 17750 WEST VALLEY HW 12/27/88 437,000.00 130846 $3.34 0005800013 Between RR lines 11/5/98 670,045.00 129808 $5.16 2523049006 Between RR lines 3/1/91 265,000.00 243350 $1.09 ** Includes Building, P/SF is after land extraction based upon ratio of AVL/AVT BERGER/ABAM PLANNING ENGINEERING E N G I N E E R S I N C. ENVIRONMENTAL PROGRAM MANAGEMENT Transmittal Memorandum To City of Renton, Planning/Bldg/Pubhe Works Date February 14 2001 1055 South Grady Way Project South 180t'GS b Renton, WA 98055 Our Number A00084 CITY OF Attention Mr. Ron Straka Your Number Regarding Wetland Mitigation I am forwarding ❑Prints ❑Originals ❑Reproducibles ❑ Photocopies ❑Other NumberQuantity ID Date Description 1 January 2001 Wetland Study and Mitigation Plan Remarks Ron: The attached report is provided to you at your request for your review. If you have any questions or comments, please call me at 206/431-2295 Thanks. CC Robin Tischmak, City of Tukwila G Phillips BERGER/ABAM Engineers Inc.,33301 Ninth Avenue South• Federal Way,WA 98003-6395 Phone 206/431-2300 9 Fax 206/431-2250 • October 4, 2000 GATE ) NAME IN ITIALlDAT S� Mr. Jim Morrow, Director of Public Works ,ffiff City of Tukwila oc� 6300 Southcenter Blvd. i Tukwila, WA 98188 /f 0� SUBJECT: OAKESDALE BUSINESS PARK WETLANI)BUFFER ENCUMBRANCE OPTIONS FOR THE S. 180TH GRADE SEPARATION PROJECT Dear Mr. Morrow; My engineering staff has put together two site maps of the wetland mitigation area north of S. 180"' St. based on information provided by the design consultant, BERGER/ABAM. The maps show the two existing wetlands and associated buffers, the proposed detention pond, pump station, maintenance road and the upland area available for mitigation. As shown in the map exhibit labeled Option 1, there is not sufficient remaining upland area (21,000 SF)to locate the 21,370 SF required for the Oakesdale Business Park wetland buffer encumbrance on the site. In addition,a portion of the pond maintenance road and pump station occupies approximately 2,800 SF, which would further reduce the available upland area to 18,200 SF. The location of a road in a wetland buffer is not allowed, therefore this option, based upon the current wetland mitigation requirement of 1.67 acres, is not feasible. However, if the project wetland impacts and corresponding mitigation were to be reduced, this option might be feasible. Your consultant has indicated that one of the shoofly track connections will be eliminated from the project, which may reduce the quantity of fill in wetlands A and B in Tukwila. In which case,the reduction in wetland mitigation area needed on the site could be used to accommodate the Oakesdale Business Park wetland buffer area that was encumbered on the site. As you also know, our Mayor's position is that if the Oakesdale Business Park wetland buffer encumbrance, the S. 180'h Grade Separation Project wetland mitigation and storm water management facilities cannot be accomplished on the same site, then Tukwila will need to find an alternative site for the wetland mitigation. To resolve this problem, we have identified an alternative solution titled Option 2. Option 2 would be to create additional wetland area in exchange for reserving the Oakesdale Business Park wetland buffer encumbrance on the site. We believe that this option would provide a greater benefit to the project (see exhibit labeled Option 2) and meets the intent of our buffer encumbrance agreement with the Oakesdale Business Park. We will need to verify that the Oakesdale Business Park is agreeable to the City of Renton waiving buffer encumbrance in exchange for the creation of additional wetland on the site as part of the S. 180`h St. Grade Separation Project wetland mitigation. The project wetland biologist will need to determine what the wetland creations to buffer exchange rate should be, but our minimum acceptable exchange for wetland creation to wetland buffer encumbrance is 0.5:1. Thus, for the 21,370 SF of buffer encumbrance, 10,685 SF (0.25 ac.) of additional wetland area would need to be created as part of the S. 1801h Grade Separation Project • October 4,2000 Page 2 wetland mitigation. This is wetland mitigation that is in addition to the project wetland mitigation. Under Option 2, the total amount of wetland mitigation that would be needed includes the 1.67 acres for the project wetland impacts plus the 0.25 acres for Oakesdale Business Park buffer encumbrance exchange for a total of 1.92 acres. Zherefore, due to the current 1.67 acres of wetland mitigation that is needed for the project, there not enough upland area remaining on the site to accommodate the Oakesdale Business Park wetland buffer encumbrance and the proposed project storm water management facilities (Option 1). The creation of additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance can be accomplished on the remaining upland area on the site and still meet the intent of wetland buffer encumbrance agreement (Option 2). If the project wetland impacts were to be reduced, then Option 1 might be feasible. In addition, the project design needs to consider wetland buffer requirements for the existing wetlands that are on the site within the project limits. I trust that this information provides you the direction that is needed for you to proceed with the design. If you have any questions, please contact Ron Straka, Surface Water Utility Supervisor at 425-430-7248 or me at 425-30-7311. Sincerely, Gregg Zimmerman,P.E. Planning/Building/Public Works Administrator cc: Lys Hornsby Ron Straka H:\DIVISION.S\UTILITI E.S\DOC S\2000-451.doc\RJS\tb South 180th Street Grade Separation Tukwila/Renton Coordination Meeting 29 June 2000 2:30 PM City of Tukwila Public Works Agenda I. Wetland/Detention Pond Site II. Buried Box Culvert III. Water Main IV. Sanitary Sewer V. Olympic Pipeline VI. Public Notification VII. Permits a. Shoreline Substantial Development b. Creek Buffer Clearing Variance for Pond Outfall C. Other? VIII. Right-of-Way/Easements '1 r6.T''O c— ��� �►,r,� - r� � 1. " �r v PLANNING/ BUILDING/ PUBLIC WORKS DEPARTMENT MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 Es ♦ �- O UTILITY SYSTEMS DIVISION - 235-2631 NT 0 TRANSPORTATION SYSTEMS DIVISION - 235-2620 TO: ` DATE: c3 C °l e JOB NO. P �lJ(- RE: ATTN: GENTLEMEN: WE ARESENDING YOU o ATTACHED ❑ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: ❑ SHOP DRAWINGS ❑ PRINTS ❑ REPRODUCIBLE PLANS ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑ COPIES DATE NUMBER DESCRRIPTION AND REMARKS THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ APPROVED AS SUBMITTED o RESUBMIT COPIES FOR APPROVAL ❑ FOR YOUR USE o APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION o AS REQUESTED ❑ RETURNED FOR CORRECTIONS ❑ RETURN CORRECTED PRINTS ❑ FOR REVIEW AND COMMENT o ❑ PRINTS RETURNED AFTER LOAN TO US COPIES T0: + SIGNED t TITLE �lu►v ti c IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE � a CAG 046-86 INTERLOCAL AGREEMENT REGARDING RECIPROCAL ANNEXATIONS THIS AGREEMENT is entered into between the City of Tukwila, hereinafter referred to as "Tukwila", and the City of Renton, hereinafter referred to as "Renton". WHEREAS, the Cities of Renton and Tukwila are authorized by Chapter 39.34 RCW to enter into agreements for the purpose of interlocal cooperation, and WHEREAS, the Tukwila City Council has passed Resolution No. 1008 , which indicates Tukwila's willingness to accept annexation to Tukwila of certain property currently located within Renton and more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth to Tukwila, and calls for certain property currently located within Tukwila and described on Exhibit B attached hereto and incorporated herein by this reference as if fully set forth to be annexed to Renton, and WHEREAS, the Renton City Council has passed Resolution No. / , which calls for certain property currently located within Renton and more particularly described on Exhibit A to be annexed to Tukwila and indicates Renton's willingness to accept annexation of certain property currently located within Tukwila and more particularly described on Exhibit B to Renton, and WHEREAS, both Resolutions recognize that there are issues of concern to both Renton and Tukwila that must be mutually resolved and Renton and Tukwila desire to enter into an interlocal agreement to resolve these issues, now, therefore FOR AND IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Effect of Agreement. It is the intent of the parties to resolve issues of mutual concern with respect to pending reciprocal annexations. This Agreement shall become effective and shall bind the parties upon completion of the latter of the annexation of the property described on Exhibit B to Renton and annexation of the property described on Exhibit A to the City of Tukwila. In the event that, for any reason, one or both of the above referenced annexations are not completed, then this Agreement shall be null and void. 2. Strander Boulevard/S. W. 27th Street Improvements. Local costs of the future crossing of the railroad tracks by Strander Boulevard/S. W. 27th Street should be shared equitably between the two parties. In pursuit of this Agreement, both Cities agree to designate the aforementioned improvement of Strander Boulevard/S. W. 27th Street as a high priority item on each City's Transportation Improvement Plan, and each provide one-half of the local funds needed to match an 80% federal funding for this road improvement project. Because the timing of this street extension is uncertain, Renton and Tukwila agree to monitor development and, as development warrants, to acknowledge that the route is needed and that both jurisdictions will cooperate to insure that an appropriate connection is designed and constructed. Because the crossing will be located entirely within Tukwila upon completion of the annexation, the final decision as to the time for improvement shall be left to the discretion of Tukwila. If federal funding is unavailable, then Renton and Tukwila will negotiate an equitable funding option as necessary, such that each cities' share of the local costs of the improvement shall be 50%. 3. S. W. 43rd Street/S. 180th Street Improvements. If a proposed grade separated crossing of S. W. 43rd and the railroad tracks is undertaken to improve traffic safety and capacity, the Interlocal Agreement Regarding Reciprocal Annexations Page 2 local costs should be shared equitably between Renton and Tukwila. The two Cities shall support the S. W. 43rd Street/S. 180th Street improvement in the same manner as the Strander Boulevard/S. W. 27th Street railroad crossing. By support, it is meant that both Cities will designate this road improvement as a high priority item on each Cities' Transportation Improvement Plan and each provide one-half of the local funds needed to match an 80% federal funding for this road improvement project. If federal funding is unavailable, then Renton and Tukwila will negotiate an equitable funding option as necessary, such that each cities' share of the local costs of such road improvement shall be 50%. Because the improvement will be located entirely within Tukwila upon completion of the annexation, the final decision as to the time for the improvement shall be left to the discretion of Tukwila. 4. P-1 Channel. The P-1 Channel is a storm drainage improvement to be located within that property described on Exhibit B which will be annexed to Renton. Renton agrees to assume what would have been Tukwila's share of the cost of construction and maintenance for that portion of the P-1 Channel which will be located in said area. The City of Tukwila shall retain the right to connect to and use the P-1 Channel. 5. Green River Dike Maintenance. Renton's share of the cost of the Green River Dike Maintenance Plan was 22% prior to the reciprocal annexations. Construction and maintenance costs for the Green River Dikes should be revised to reflect the fact that Renton will not have Green River frontage after the reciprocal annexations are completed and that therefore Renton should have no obligation for dike maintenance or rehabilitation. 6. Frank Zepp Bridge. Upon completion of the reciprocal annexations, the Frank Zepp Bridge at S. W. 43rd Street/S. 180th Street will be located entirely within the City of Tukwila. Tukwila agrees to assume all costs of maintenance and future widening for the bridge. Both parties understand that with the annexation of the property described on Exhibit A to Tukwila, the responsibility for maintenance and operation of the traffic signals at the intersection of S. W. 43rd Street and West Valley Road (SR-181), formerly shared by the Cities of Renton and Kent, should be assumed in total by the City of Kent. 7. Utilities. Both parties understand that Renton has existing utilities serving a portion of the area to be annexed to the City of Tukwila bordered by S. W. 43rd Street, West Valley Highway, the existing Renton City limits and the Union Pacific Railroad right-of-way. Renton shall retain ownership of the said existing utilities and shall be responsible for all costs of operation and maintenance of the same. Tukwila shall be responsible for providing sewer and water service to all other areas annexed to Tukwila as part of the reciprocal annexations. Neither party shall impose a surcharge upon utility users within the newly annexed areas solely because of their annexation. 8. SR-181. The City of Renton should enter into an agreement with the State of Washington regarding the transfer of costs to the State for improvements to SR-181 between S. W. 43rd Street and I-405. The City of Tukwila shall bear no responsibility for such costs by virtue of the execution of this Agreement. 9. Future Annexations. Renton and Tukwila will coordinate review of future annexation petitions received by the parties consistent with the boundary line shown on Exhibit C attached hereto and incorporated herein by this reference as if set forth in full. Interlocal Agreement Regarding Annexations Page 3 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no other agreements, oral or otherwise, shall be deemed to exist or to bind the parties hereto. DATED this 114 day of 1986. 61 CITY OF T KWIL CITY OF RENTON �+ A L. A D N, A OY R BARBARA Y. SHI POCH, MAYOR MAXINE ANDERSON, CITY CLERK MAXINE E. MOTOR, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: OFFICE OF THE CITY ATTO EY CI Y ATTORNEY ��o Z A:cn►+�wcP G�-- JAM S E. HAN , LAWRENCE J. WAR CITY ATTORNEY EXHIBIT A Lands to be Annexed to Tukwila from Renton The lands proposed to be annexed to the City of Tukwila from the City of Renton are listed below and shown in Figure 1. SECTION-TOWNSHIP-RANGE PARCEL ACREAGE 3.62 NW 1/4 of Sec. 24, Twn. 23 Rge. 4 27 (portion) 12.79 SW 1/4 of Sec. 24, Twn. 23, Rge. 4 63 2.35 32 0.27 28 3.85 7 MDC 4.55 NW 1/4 of Sec. 25, Twn. 23, Rge. 4 38 1.84 0.91 8 MDC (p) 2.91 1.14 9 MDC (p) 3.05 43 2.15 50 0.84 51 0.72 23 2.16 6 6.70 2.16 24 (portion) 44.10 21 MDC 2.45 2.16 22 (portion) 10.47 SW 1/4 of Sec. 25, Twn. 23, Rge. 4 21 1.61 59 0.37 20 2.14 33 3.69 17 5.93 3.01 23 (portion) 10.43 24 (portion) 5.44 44.10 22 3.01 NW 1/4 of Sec. 36, Twn. 23, Rge. 4 97 3.00 57 8.69 62 6.40 61 0.17 11 6.83 43 0.10 37 0.17 38 0.14 39 0.14 53 0.14 14 0.12 13 0.12 29 0.32 10 0.14 9 0.19 59 0.15 8 0.17 1.7 0.12 35 2.84 34 5.54 36 3.09 TOTAL 45 parcels 101.65 I , Renton-Tukwi Boundary Adjustment Map of Affected Areas Lands to Renton I �I " K � M II . J n i MIS WAU 1 L �Ot r.r.- i r / Lands to Tukwila muy, a 1 ..1 Lands to Renton 4� y t t 1 L .... Lands to Tukwila .r . :4.. ........ i .. ......... ,. . . ........... . .. J� N o a000' % r4 r tit TN11a. cm awn. I EXHIBIT B Lands to be Annexed to Renton from Tukwila The lands proposed to be annexed to the City of Renton from the City of Tukwila are listed below and shown in Figure 1. SECTION-TOWNSHIP-RANGE PARCEL ACREAGE SW 1/4 of Sec. 25, Twn. 23, Rge. 4 41 19.05 4 23.44 NW 1/4 of Sec. 25, Twn. 23, Rge. 4 42 16.03 SW 1/4 of Sec. 25, Twn. 23, Rge. 4 19 40.21 SE 1/4 of Sec. 14, Twn. 23, Rge. 4 0160 (portion) 11.79 0145 .29 0155 (portion) 1.29 0150 1.49 0320 .28 0330 .02 Lot #2 .12 TOTAL 11 parcels 114.01 Fiqure 1 Renton-Tukwi Boundary Adjustment Map of Affected Areas Lands to Renton r� r.� A r4 3 qw, LGNGACRES r , f� Lands to Tukwila _ r Lands to Renton SMAAWADI i `.....: '. . Lands to Tukwila ,. r¢ro ort r =fir 1 ..;.:...:...' i t • N O i000' i EXHIBIT C Areas Subject to Joint Tukwila-Renton Review of all Future Annexation Petitions ... \ i I n, .:.. Ohl -- •;..----- — II . \ � �•+ I y \ t i j. 1I6.a. RonaIdStraka- Fwd IVleeting with Tukwila re.-180th St grade separation From: Lin Wilson To: Gregg Zimmerman; Lys Hornsby; Ronald Straka; Sandra Meyer Date: 6/30/00 8:09AM Subject: Fwd-. Meeting with Tukwila re: 180th St grade separation Oopsl The Tukwila meeting was on my calendar, but I was in the middle of a Port Quendall meeting, and was not at my desk to see the prompt. Sorry that this caused a problem. As you probably know, the South 180th project recently moved into final design. To my knowledge, Tukwila has not established any kind of design team or technical coordination team, so I am not any wiser than you regarding the details of the project design, beyond what was documented in the Design Report last year. I have not seen any indication that Renton is required to contribute to project construction cost. Our TIP includes this project under the umbrella "Valley Connections to West", and assigns current-year funding to the study of the Strander corridor. Renton did budget$34,000 towards the cost of preliminary design of the South 180th grade separation, but nothing towards its construction, and I'm not aware that Transportation has been approached to share in the funding. I know Berger/ABAM is aware that, although franchised utilities have to bear their own costs of relocation, this does not apply to City-owned utilities, or to private utilities in their own right-of-way or easement. I think the consultant's approach was to consider utility relocation costs as covered by the contingency allowance in the preliminary estimates. The issue regarding the buried box culvert has been alive for over a year, and I know Ron S. is on top of it. Also, I am aware that there are ongoing discussions regarding mitigation wetlands, but there is nothing I can add to that topic. So far as other utility topics are concerned, I believed that Berger/ABAM, having worked in Renton on previous projects, was going to be approaching each utility owner directly as the design progressed. I think, in fact, that was the intent of the meeting yesterday. Regarding public notification, there were open houses during the preliminary design process, and Transportation offered to have the consultant give a briefing to the Council Transportation Committee, but there was not sufficient interest at the time. Throughout the preliminary design process and to date, we have guided Tukwila's consultant to the appropriate utilities staff. It is my impression that, as soon as an issue emerges, the consultant has been in contact with the right people. I have studiously avoided being the filter through whom requests for utilities information or coordination passed, believing that direct involvement of those with the knowledge is preferable. >>> Gregg Zimmerman Thursday, June 29, 2000 5:48:05 PM >>> Sandra and Lin: I am forwarding some brief notes that Lys sent me from the above referenced meeting. I was not able to attend because of my preparations for tomorrow morning's project selection marathon at Mercer Island. I am very disappointed that Lin or other representative from Transportation did not attend. Sandra, I am sure you told me that Lin would be there in your absence. The Transportation Division, being partners with Tukwila on this project, are the only Renton staff members with much knowledge about this project. It became painfully obvious to the Utilities and Plan Review staff who attended this meeting how little communication they had received from Transportation about this project, and of course this was further aggravated by the fact that no one from Transportation attended the meeting. The staff that attended were not able to respond to coordination questions that came up, or about cost share and other issues. We must provide better interdivisional support and communication in the future. r M . Allen Quynn-South 180th Street Grade Separated Road rossmg .,. Y... ._.. ., - page .::, From: Jennifer Henning To: Zimmerman, Gregg Date: 6/9/00 5:03PM Subject: South 180th Street Grade Separated Road Crossing Just a"Heads-up". Today, Ron Straka, Steve Taylor and I met with staff from Berger/Abam Engineering and a planner from City of Tukwila. The railroad grade crossing on 180th will be reconstructed to go under the railroad tracks. The project will take about 12 months to complete and the street will be CLOSED for the duration of construction. There are a number of issues including: traffic, noise, impacts to wetlands in Tukwila and Kent with associated mitigation in Renton, shoreline permitting, This will require permitting from Tukwila, Kent and Renton, also NMFS review of the BA etc. Tukwila is the applicant and intends to take lead agency status on SEPA. We may want to take lead agency status as there are a number of businesses that could be impacted including IKEA and Valley Medical. Also a shoreline permit is needed, and possibly a variance from the land clearing and tree cutting regs for the new outfall to Springbrook Creek. A pre-app meeting will probably take place in late June or early July. CC: Hanson, Jana; Straka, Ronald CONCURRENCE DATE 1 b '� o10oD i.Amr INITAVDAT October 3, 2000 71 Mr. Paul T. Casey,Vice President , The Zelman Companies l 707 Wilshire Boulevard, Suite 3036 Los Angles, California 90017 �O/6 SUBJECT: S. 180TH GRADE SEPARATION PROJECT-WETLAND CREATION IN EXCHANGE FOR BUFFER AVERAGING EASEMENT AREA Dear Mr. Casey; The Cities of Renton and Tukwila are jointly designing the S. 180`h Grade Separation Transportation Project to eliminate the S. 180`h St. (SW 43`d Street)at-grade crossing of the Burlington Northern railroad tracks, directly west of the Oakesdale Business Park. The proposed project will lower the grade elevation of the road such that it will pass under the Burlington Northern tracks uninterrupted. The project is expected to impact existing wetlands in Tukwila. The project wetland mitigation is proposed to be done on a parcel of land owned by the City of Renton located along the Oakesdale Business Park western property line and east of the Burlington Northern tracks(see enclosed map). As part of the Oakesdale Business Park project permitting,we agreed to an exchange of easements, which were recorded. The City of Renton agreed to grant an easement to Zelman Renton LLC over an upland portion of this site(21,370 square feet). This easement was needed by the Oakesdale Business Park development project to satisfy the City wetland buffer averaging requirements. In return,Zelman Renton LLC granted the City a utility easement and an ingress/egress easement over a portion of the Oakesdale Business Park site(copy of easements enclosed). Due to the amount of area needed for wetland mitigation and storm water facilities for the S. 180`h Grade Separation Project,there is not sufficient space to accommodate these facilities and the Oakesdale Business Park wetland buffer averaging encumbrance. To resolve this problem,the City of Renton is proposing to require the S. 1801h Grade Separation Project to create additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance. We are recommending that the S. 180`h Grade Separation Project create additional wetland in exchange for the Oakesdale Business Park wetland buffer averaging encumbrance at a minimum ratio of 0.5 to 1.0. We believe that wetlands have more value than buffer area and this exchange meets the intent of City Code. This wetland for buffer exchange does not affect our agreement and exchange of easements, nor does it affect any current or future development of the Oakesdale Business Park site. The Oakesdale Business Park has satisfied all City requirements associated with the City's wetland buffer averaging requirements. We are making you aware of the proposed S. 180`h Grade Separation Project wetland for buffer exchange to keep you informed of any decisions regarding the wetland buffer averaging easement that we granted to you. \\CENTRAL\SYS2\DEPTS\PBP W\DI V ISION.S\UTILITIE.S\DOCS\2000-460.doc\Icf r � Mr. Paul T. Casey,Vice President The Zelman Companies October 6,2000 Page 2 If you have any questions concerning this proposal,please contact Ron Straka at 425-430-7247. Sincerely, Gregg Zimmerman,Administrator Planning/Building/Public Works Department cc: Lys Hornsby Ron Straka Allen Quynn Neil Watts \\CENTRAL\SYS2\DEPTS\PBPW\DIVISION.S\UTILITIE.S\DOCS\2000-460.doc\lcf r CCC CURRENCE _GATE l b �l� a06D i.'AVi INIPAVDAT In 00 October 3, 2000 i I _ Mr. Paul T. Casey,Vice President The Zelman Companies 707 Wilshire Boulevard, Suite 3036 Los Angles,California 90017 1016 SUBJECT: S. 180TH GRADE SEPARATION PROJECT-WETLAND CREATION IN EXCHANGE FOR BUFFER AVERAGING EASEMENT AREA Dear Mr. Casey; The Cities of Renton and Tukwila are jointly designing the S. 180'b Grade Separation Transportation Project to eliminate the S. 180`h St. (SW 43' Street)at-grade crossing of the Burlington Northern railroad tracks,directly west of the Oakesdale Business Park. The proposed project will lower the grade elevation of the road such that it will pass under the Burlington Northern tracks uninterrupted. The project is expected to impact existing wetlands in Tukwila. The project wetland mitigation is proposed to be done on a parcel of land owned by the City of Renton located along the Oakesdale Business Park western property line and east of the Burlington Northern tracks(see enclosed map). As part of the Oakesdale Business Park project permitting,we agreed to an exchange of easements, which were recorded. The City of Renton agreed to grant an easement to Zelman Renton LLC over an upland portion of this site(21,370 square feet). This easement was needed by the Oakesdale Business Park development project to satisfy the City wetland buffer averaging requirements. In return,Zelman Renton LLC granted the City a utility easement and an ingress/egress easement over a portion of the Oakesdale Business Park site(copy of easements enclosed). Due to the amount of area needed for wetland mitigation and storm water facilities for the S. 180`h Grade Separation Project,there is not sufficient space to accommodate these facilities and the Oakesdale Business Park wetland buffer averaging encumbrance. To resolve this problem,the City of Renton is proposing to require the S. 180"'Grade Separation Project to create additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance. We are recommending that the S. 1801'Grade Separation Project create additional wetland in exchange for the Oakesdale Business Park wetland buffer averaging encumbrance at a minimum ratio of 0.5 to 1.0. We believe that wetlands have more value than buffer area and this exchange meets the intent of City Code. This wetland for buffer exchange does not affect our agreement and exchange of easements, nor does it affect any current or future development of the Oakesdale Business Park site. The Oakesdale Business Park has satisfied all City requirements associated with the City's wetland buffer averaging requirements. We are making you aware of the proposed S. 1801h Grade Separation Project wetland for buffer exchange to keep you informed of any decisions regarding the wetland buffer averaging easement that we granted to you. \\CENTRAL\SYS2\D EPTS\P B P W DI V L S I ON.S\UTI L I TI E.S\DOCS\2000-460.do c\l cf Mr.Paul T. Casey,Vice President The Zelman Companies October 6, 2000 Page 2 If you have any questions concerning this proposal,please contact Ron Straka at 425-430-7247. Sincerely, Gregg Zimmerman,Administrator Planning/Building/Public Works Department cc: Lys Hornsby Ron Straka Allen Quynn Neil Watts \\CENTRAL\SYS2\DEPTS\PBPW\DI VISION.S\UTILITIE.S\DOCS\2000-460.doc\lcf CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 29, 2001 TO: Robin Tischmak FROM: Allen Quynn 1� SUBJECT: S. 180th Grade Separation Project(95%)—City of Renton Storm Water Comments The following comments address the 95%plans: • Please submit revised technical information report which addresses Storm Water comments dated 10/19/00. I made several comments regarding pond sizing for water quality. In particular, the wetpond volume in the report did not meet City standards. Also, the roadway design may have changed since the initial drainage report, impacting the design runoff volume. • The detail on sheet C32 does not match the profile markers on sheet C31. In looks as if the detail was meant to reference a profile cut on sheet C30 in the vicinity of CB#7. • Increase the size of the 8-inch ductile iron drain pipe shown on sheet C35 to 12-inch. A cleanout or manhole will be required where the pipe makes a 90 deg. bend between the pump station and manhole B1. The slope call out in the profile is 0%. Please revise to show a minimum slope of 0.1%. Is this slope sufficient to convey the proposed runoff for the 25 yr, 24 hour storm event? • Show existing grade across channel of outfall to Springbrook Creek on sheet C35. The construction of the outfall will likely trigger a Section 404 and HPA from the Corps. and State Fisheries, respectively. • In the backwater analysis for the storm drain system, use a tailwater elevation 14.65 (NAVD 88). This is the water surface elevation in Springbrook Creek for the 2-yr storm event. • A portion of the storm pipe and the outfall lie within the drainage easement the City of Renton secured as part of an agreement with the owners of the Oakesdale Business Park. The owners,Zelman Companies, should be notified of the proposed drainage structures. Please forward the revised drainage report as soon as practical for my review and comment. I can be reached at 425-430-7247 if you have any questions. cc: Ron Straka H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-046.doc\a ,41re�i uynn Re: Weekly Meet ng page 2 Allen Quynn - Re: Weekly Meeting Page j From: Allen Quynn To: Phillips, Gary Date: 2/15/01 9:46AM Subject: Re: Weekly Meeting Gary: A couple of outstanding issues related to the storm water review. I will need to review the revised drainage report before I can approve the detention pond and outfall design. Based on my comments on the original report, the pond size needed to be increased. Also, if the plan is to discharge the runoff from the detention pond into the existing manhole in S. 180th, a backwater calculation starting at Springbrook Creek will need to be performed to demonstrate the adequacy of the design. When you run the backwater calculations, I would like you to use the following tailwater elevations which are based on the City's hydraulic model of Springbrook Creek: 25-yr Event-Future Condition Flows 17.60 (NGVD 29) 100-yr Event-Future Condition Flows 18.39 (NGVD 29) You might want to check the elevations above with the outlet elevation of the pond and verify that you have the grade. I'm concerned that Springbrook Creek may backwater into the pond during storm events. Thanks. >>> "Gary Phillips" <phillips@abam.com> 02/13/01 07:01AM >>> Next project meeting: Tuesday February 113, 2001 at 10AM at City of Tukwila. Attached please find the project schedule milestones for the South 180th Street. We are using this as our agenda throughout the remainder of the project. Our main focus continues to be comments regarding the plans and specs. I specifically invite any and all City of Renton and City of Kent personnel to this next meeting to provide you with an update of the project as well as hear from you if there are any unanswered questions or concerns. The Project continues to be set for Advertisement for Construction on Feb. 27, 2001 1 have revised the milestones based on the outcome of the February 6, 2001 project meeting. Items completed are checked, items of high importance are noted. Please review and note items that are applicable to you. Thanks. Gary L. Phillips, PE BERGER/ABAM Engineers, Inc. Project Manager Allen Quynn S 180th Sf. — — — Page 1 -1 From: Allen Quynn To: Phillips, Gary Date: 2/15/01 10:18AM Subject: S. 180th St. Gary. I took another look at the Draft Technical Information Report and realized that you sized the detention and water quality facility using the King County 1998 manual - Level 1 flow control. I was reviewing the report based on the 1990 Manual. Since the 1998 manual is more conservative in its pond sizing, the pond volumes for water quantity and quality are probably ok. Disregard my comments in the first bullet of my memo dated 10/19/01 which required more water quality volume. The only thing I request you give me is the output from the KCRTS Runoff Time Series Model that shows the time series results (target peaks were matched) and the Discharge vs. Cumulative Probability Curve. Sorry for the confusion CITY OF RENTON MEMORANDUM DATE: October 19, 2000 TO: Chris Walcott FROM: Allen Quynn SUBJECT: S. 180" Grade Separation Project(60%design)—City of Renton Storm Water Comments The following comments address the 60%plans and draft technical information report(TIR): • For water quality treatment, the City requires a bioswale when adding 5000 SF or more of new impervious area subject to vehicular use. A normal sized wetpond maybe used in lieu of the bioswale. The wet pond design volume is calculated using the total volume of runoff from the tributary sub-basin proposed developed conditions using a water quality design storm event having a total precipitation equal to 1/3 the 2-yr,24 hour storm or 0.67 inches of rainfall (King County Surface Water Design Manual, 1990). I ran the calculations using SBUH and came up with a runoff volume equal to 3236 CF which is 1250 CF more than the wetpool volume in the draft technical Information report which I assume is based on the 1998 KCSWDM. We will need to come up with a way to resolve this difference. The conservative approach would be to use the City adopted 1990 manual with a wetpond volume equal to 3236 CF. • The manhole sheet reference labels on sheet C29 and C30 are incorrect. They should refer to sheet C26 and C27,not C 16 and C 17. • It is difficult to relate the structures labeled in the backwater spreadsheet in the TIR with those called out on the plans. Please make it more clear. • For pond outfalls discharging to Springbrook Creek,the City requires the backwater analysis use a tail water elevation equal to the water surface elevation for the 2-yr storm (based on the City developed hydrologic/hydraulic model). The elevation for the 2-yr storm just down stream of SW 43`d St. is 14.65 (NAVD 88) • Show all utility crossings in the storm profile. • I would like more details on the pump station design. The plans are a little vague. Please call me at 425-430-7247 if you have any questions. cc: Ron Straka Date pages Post-it®Fax Note 7671 �Q �°1 l� To C rIS a From '1 L Co./Dept. K Co. Phone# Phone#Y 2 f Fax# Faux .a _ 3 ,2Z, Document2\a —__ CITY OF RENTON Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator September 25, 2000 Robin Tischmak, P.E. City of Tukwila, Public Works Department 6300 Southcenter Blvd. Tukwila, WA 98188 SUBJECT: UTILITY EASEMENT FOR OAKESDALE BUSINESS PARK Dear Mr. Tischmak; As you requested, please find enclosed a copy of the recorded drainage/ingress easement for the Oaksedale Business Park for the S. 180`I' Grade Separation Project. The Surface Water Utility obtained the easement in exchange for allowing the owner offsite wetland buffer averaging. It appears from the easement language that utilities other than storm drainage may be allowed in the easement area. By the end of the week, I hope to have a determination as to whether or not there is sufficient area on the proposed mitigation site to accommodate the encumbered wetland buffer. As our wetland ordinance allows ponds to be used as wetland buffers,there may be room to fit the buffer on the southerly portion of the site, adjacent to the 180`I' ROW. If not, there are other options, which we can investigate. If you have any questions, please call me at 425-430-7248. Sincerely, Ron Straka, P.E., Utility Engineering Supervisor Surface Water Utility cc: Allen Quynn Sandra Meyer enclosure H:\DI V I SION.S\UTI LITI E.S\DOCS\2000-439.doc\tb 1055 South Grady Way-Renton, Washington 98055 9 This paper contains 50%recycled material,20%post consumer PLANNING ENGINEERING ENVIRONMENTAL E N G I N E E R S I N C. PROGRAM MANAGEMENT Transmittal Memorandum To 01 o1 WCV4&n Date 14 I.T. 2CM floss SnA Project S. f 8�' S+• GS '("r A I WA. tS5 Our Number ACC084- Attention Nth' '(f� 6)Uw' A Your Number Regarding JJ&V% R 0,U I am forwarding ❑ Prints ❑ Originals ® Reproducibles ❑ Photocopies ❑ Other Quantity ID Number Dat Description e 1 1 AM Remarks &AA 4k LAA 16CCJ � G. o-f �. Av►-., use df-Arloped -w- 'a key tMaud WIAbe � 1 �� av'8 � P S7 E: 6,1A, M&VZ61 12.- t 6- Zono VA cN �✓ -4, we,3c "- wtn 14 X w►, I�ac�e a� c-,n-jviI,8 Tom . all 246D t cc: L'." W,l�,,, ► ""''�°� By Rd6�,. Ts&►WW'L, �Aa i AL014 A VLo a-6"Me'As- BERGER/ABAM Engineers Inc.,33301 Ninth Avenue South-Federal Way,WA 98003-6395 210695 Phone 206/431-2300-Fax 206/431-2250 fvlich'berBenoit—S. 180th Utility Review Meeting TUESDAY Dec 1 9 1 30PM of Tukwila�' ^ Page 1 From: "Chuck Schott" <schott@abam.com> To: "Dave Matulich" <dmatul@puget.com>, "Abdul Gafour" <agafour@ci.renton.wa.us>, "Brian Swart" <bswar@puget.com>, "Mike Benoit" <mbenoit@ci.renton.wa.us>, "Randy Busch" <rbusch@puget.com>, "Dennis Libadia" <dlibadi@uswest.com> Date: 12/13/00 8:29AM Subject: S. 180th Utility Review Meeting TUESDAY Dec. 19 1:30PM at Tukwila A draft layout of utility relocations was sent to you about 2 weeks ago. I have received some feedback regarding the layout from some of you, but not all. The consensus is that it would be helpful to have a meeting of the interested parties with the goal of coming to a general agreement on the layout of the relocated utilities. I have, however, had some difficulty finding a time when all of you can attend. Because of this, and especially considering the added difficulty we will have scheduling this meeting as we get closer to the holidays, we have set time for the meeting to be 1:30 PM on TUESDAY, Dec. 19 at the City of Tukwila. This meeting is MANDATORY for you to represent your interest in this project. Efforts will be made to consider how any proposed changes to the layout may impact your existing/proposed facilities, but unless you participate, we will assume that you will live with the layout that is agreed upon at this meeting. PLEASE SEND CONFIRMATION THAT A REPRESENTATIVE OF YOUR COMPANY WILL BE IN ATTENDANCE. """In addition, PLEASE SEND ME YOUR COMMENTS TO THE DRAFT LAYOUT by the end of the day Friday so that I can pull them together into an agenda for the meeting. I think this an important step to a productive meeting. TIME IS GETTING TIGHT(our 95% Plans and Specs. are due Jan. 12!)and we need to iron out this layout ASAP so that we can proceed with design development and UTILITY RELOCATIONS."' To date, these are the only issues that have been brought to my attention: PSE GAS: PSE electrical switches between Interurban Trail and UP Railroad will need to be out of service before jacking pit can be constructed for Gas line (and most likely waterline)work to begin. PSE Electrical: Transformer for Building 7220 will be placed along West edge of remaining building after front of building is removed. Services for 7209 and 7211 will be located closer to roadway, but not into RR Tie wall to avoid building overhangs. Berger/ABAM Storm Drain: Pump station at 18+10 left is going to be larger than currently shown and will require utilities to be shifted further north. GAS, WATER and POWER Casings: Limits of jacked casings will be from the East edge of the UP RW to approx. 60' east of the existing west BNSF track (sta. 17+90). Waterline casing may fvlich�ei-Benoit- S. 180th Utility Review Meeting TUESDAY Dec. 19 1.30PM at Tukwila Page 2 be extended by open trench an additional 30' or so to get past the pump station facilities. "(NOTE: We have a meeting scheduled with Pilchuck contractors to discuss this installation if anyone is interested in joining. Meeting at 7220 S. 180th at 9:00 AM on Thursday 12-14-00.)*"" RENTON WATER (as discussed at 12-6-00 meeting, but still under review by Cities): Flush mounted hydrants are proposed to be constructed in the north sidewalk at approx. stations 14+00 and 20+00, They will be served by 8 In. lines that will tap off the main beyond the east and west limits of the north wall and will be constructed in the north travel lane after the deep soil mix seal is complete. An additional hydrant may be constructed between the new Public Storage driveway and the existing parking lot (approx. 20+75, 100' RT.) Actual location and route to serve is not decided at this time but may be around the SE side of the seal near the creek, or through the seal, south from the flush mounted hydrant run, are options. RENTON SEWER: Side sewers for buildings 7209 and 7211 are going to be replaced under the roadway with C-900 pipe. 7211 will likely be replaced to a distance of 60' Rt. to provide adequate cover behind the sidewalk. KENT SEWER: Public Storage side sewer will likely be shifted south to cross the new access about 85' south of 180th centerline to provide required cover. DRIVEWAY APPROACHES/PARKING LOTS (by ABAM:) A new 30' wide driveway approach will be constructed in front of the existing the candle shop (approx. 12+85 LT). The building will be removed and the sites of 7210&7220 will be regraded (cutting to match new driveway at west end and filling to match Interurban Trail connection along back of s idewalk as it approached the existing interurban trail. The existing Public Storage parking will likely be expanded to extend the existing lot (70' wide) to the right of way. Thanks, Chuck Charles Schott, PE BERGER/ABAM Engineers, Inc. 33301 9th Avenue South Federal Way WA 98003-6395 206)431-2300 X2263 - (206)431-2250 Fax schott@abam.com -----Original Message----- From: Chuck Schott [mailto:schott@abam.com] Sent: Wednesday, November 29, 2000 2:22 PM To: Dave Matulich; Abdul Gafour; Brian Swart; Mike Benoit, Randy Busch, Michael Benoit- S. 180th Utility Review Meeting TUESDAY Dec 19 1 '30PM at Tukwila Page 3 , Dennis Libadia Cc: Robin Tischmak, Gary Phillips; Chris Walcott Subject: S. 180th Utility Review Plan As you are all aware, the width of the proposed roadway has been reduced from 5 lanes to 4. In addition, the City intends to acquire the "Candle Shop" (7210) and the"Water Building" (7220) parcels in total. This means that the layout of utilities is somewhat revised since the last time we met. The most significant change is that the utilities that were previously shown to be rerouted around the back of the Candle Shop and the Water Building can now be relocated to the space between the Water Building and the roadway. It also eases the constraints at each end of the job by providing a little bit more room. The City anticipates complete removal of the Candle Shop building and a partial removal of the Water Building. The attached file shows my best shot at a revised layout of Gas, Power, Sanitary Sewer, Water, Telephone utilities as they relate to existing and proposed features. The limits of proposed pile wall and pile cap are shown in yellow on each side of the road and the limit of the deep soil mix seal is shown in a red dash-dot line. ALL utilities within the limits of the deep soil mix footprint will be drilled through during the mixing process, so please make sure all of your existing facilities are moved prior to construction. Approximate limits of existing and proposed right of way/easements are shown in magenta, although the actual limits are still subject to adjustment and negotiation with the property owners. In addition, we will be cutting the existing grade down beyond the limits of the seal at each end of the job and at driveways and the back of sidewalk beyond the limits of the pile walls. The revised roadway profile is shown in the attached file. Unfortunately the revised driveway profiles have not yet been developed. We have also had some additional utility locating, potholing, and survey that has been conducted but not completely implemented on the base map. The depth of existing cover of pothole information is shown on the plan with "APS" indicated. I will continue to work on updating the existing utility locate information that we have available, but please do not hesitate to do any research of your own. Although I have done my best to provide the horizontal clearances that you have all requested, there are places that will require coordination and compromise between those in concern. *"I would like it if each of you could review the current layout and provide me with some of your general comments and concerns. With these in hand, Mic �ei`Benoit- S. 180th Utility Review Mee4ing TUESDAY Dec.719 1:30PM at Tukwila - Page 4 il will prepare an agenda and coordinate a time for us to roll out the current plan (promised to be a shorter roll than you have seen in the past) and hopefully hash out some of these conflicts. I anticipate that we will have to further coordinate vertical clearance issues as this progresses. Please e-mail back to confirm your receipt of this e-mail and let me know what your availability is for next week. Let me know if Wed or Thursday after lunch say 1:30 or so would work. Thanks for all your past coordination efforts and your patience with developing this revised layout. As always, call if there is anything you need to discuss. Chuck PS: I've combined all cross-referenced files into one file and clipped extraneous information to hopefully make this a more manageable file for you. Since our design is proceeding in the original xref files, individual files will be available to you down the road. Charles Schott, PE BERGER/ABAM Engineers, Inc. 33301 9th Avenue South Federal Way WA 98003-6395 206)431-2300 X2263 - (206)431-2250 Fax schott@abam.com CC: "Robin Tischmak" <rtischmak@ci.tukwila.wa.us>, "Gary Phillips" <phillips@abam.com>, "Chris Walcott" <walcott@abam.com> CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS "T'l MEMORANDUM DATE: January 23, 2001 TO: Jim Gray/Fire Department Lys Hornsby/Utility Systems Sandra Meyer/Transportation Jim Shepherd/Community Services CC: Gregg Zimmerman; PB/PW Administrator FROM: Jennifer Henning;Development Plannin w SUBJECT: City of Tukwila 1! File Number L01-005 Special Permission(Wetland Fill &Mitigation) Notice of Application Enclosed is a copy of the subject notice. Comments may be submitted in writing to the City Tukwila by 5:00 PM February 5, 2001. Please refer to the notices for complete details. PB/PW comments are sent to Gregg Zimmerman for coordination,therefore,please ensure timely submittals. F��EQ AN cUTU '?SR4 E2NEnclosures YsiE0 T0S1l y DEVELOPMENT PLANNING CITY OF RENTON, �J,�v��►-�: w,�sy JAN 2 3 2000 O City of Tukw RECEIVE Steven M. Mullet, Mayor Q 0 Department of Community Development Steve Lancaster, Director .................. NOTICE OF APPLICATION 1908 DATED JANUARY 22, 2001 The following application has been submitted to the City of Tukwila Department of Community Development for review and decision. APPLICANT: City of Tukwila, Public Works Department LOCATION: Wetland A is located in Tukwila on the north side of S. 180th within a swale running north-south between the BNSF and UPRR rights of way. Wetland C is located in Tukwila on the south side of S. 180th within a depression that runs north-south between the BNSF and UPRR rights- of-way. Herrera Wetland A is located in Renton in the western side of the parcel located east of the BNSF and north of S. 180th. FILE NUMBER: L01-005 Special Permission (Wetland Fill & Mitigation) PROPOSAL: The development of three temporary detours for the BNSF and UPRR tracks will necessitate the filling of 1.11 acres of wetland ("Wetlands A and C") and 0.9 acres of buffer. Impacts to Wetlands B, D, Herrera Wetland A and Herrera Wetland B and their associated buffers will be entirely avoided. Mitigation measures will rely on wetland creation along with buffer enhancement as compensation for impacts to Wetlands A and C. A minimum of 1.67 acres of wetland replacement is required (at a ratio of 1.5 to 1). Mitigation is expected to occur in "Herrera Wetland A" and its associated buffer and has received preliminary approval from the City of Renton (see attached plan for location of all wetlands referenced above). OTHER REQUIRED SEPA Determination (Tukwila) PERMITS: Grading Permits (Tukwila, Renton & Kent) HPA Permit &Water Quality Cert. (Dept. of Fish & Wildlife) Section 404 Permit (Army Corps of Engineers) f Off j wJ,41 ti G Cv� Shoreline (Renton, Department of Ecology) Critical Area Review (Renton) The file can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431-3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on February 5, 2001. If you have questions about this proposal contact Deborah Ritter, the Planner in charge of this file at (206) 431-3663. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 y •v $ 4?,,,, t$_ `L'.: �R- �Fi' �`• � �,�� :^%'*S;, 4 C �yw.�.�i°Y ��;� ♦ 4✓ II IWO SON", ° °4`` \° i�•� i�Y6��ivf+4'K '.-`�'� S�l�:,�Y` .y^'y���Tilt �.b ,y.. �.^as • 'r a ,� - �! ,� IS r 1 1�" fi+eejgi• -..ri <s^RL,t! ,:d' ,. L' .1 a±a � al R•. �i:'�b.� ll77'3� y,,.s,+[`..y.-` tN -x'�d s. ..�� � � a.5 �•,` + �.•�tt � ey.. �'19' 'S�:. �� �A�.�'�'•r#'},�'yF�._"wstt.�`1 �„F���YY�. �.'r t.. `;� -'Id. a �.F�•„�3}� `'`y< `i� , kt� '•G r .i"P .r. ' el �•� as � � e ., .{'..Y ^. �..._ • yy���':b`t•C1�-rv� •rr �. .•! s1'i a ;�'�•y •�ra'?S:'�s. } ti.. l :^•-a r Rfl �,. ,SyarE�' JrR.y,}� �Y:; �� �• .r'�t �-. 'r,;. ti. a11. a A. r � �• I F::�, s+ S [tr r. •r a�F S s I J �-� P tr4t7x7 d v.-v. •` a• JF �•, - '�� -H� '��7 p � �' .�'1 / y• a��l'j �.`- R %F F•r4j���';�,�y,<~TF'a• •+ :1 �` y . '�a►'�,��f j},� vtl�p-. r �;M` ��k��.�aa� ,�,.�'a< x•; x�� '... f .., �yi "1�;�,x�"'�S"a°�az .. .. 4�:M �"'��'`fi"'y*�3p' '4: }}Yi'; ��J' ''.c i`•• x �2y ,tom r • Alen Quynn Pfione Conversation with Oakesdale Business Park Regar ing iNetland u e�exchange From: Allen Quynn To: Tischmak, Robin Date: 1/3/01 11:13AM Subject: Phone Conversation with Oakesdale Business Park Regarding Wetland Buffer exchange Robin, I spoke this morning with Paul Casey, Vice President of the Zelman Companies, owners of the Oakedale Business Park regarding the exchange of their buffer encumbrance with wetland creation for the S. 180th St. Project. He and I reviewed the letter sent to him by Gregg Zimmerman, City of Renton Planning/Building/Public Works Department Administrator explaining the proposal to allow the City of Tukwila to create additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance. He had no outstanding issues with the proposal and basically gave his approval to allow us to proceed with the exchange. If you have any questions or need further clarification please call me at 425-430-7247. Thanks. Allen CC: Hornsby, Lys; Straka, Ronald; Zimmerman, Gregg �� �. // �� 1 ADDENDUM NO. 1-01 to CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CAG-93-080 for WETLAND MITIGATION BANK PLAN ATTACHMENT C ENGINEERING COST ESTIMATE Costs to complete the work summarized in Attachment A are: Hourly Category Rate Hours Cost' Graphics Artist $ 64.95 10 $649.50 Production Support $ 60.00 12 $720.00 CAD Operator $ 62.13 26 $1615.38 Word Processor $ 44.40 10 $444.00 Miscellaneous Costs 397.43 Sub-total $3826.31 Contingency 1 173.69 TOTAL $5,000.00 Costs include$1,993 previously billed less$665 budget remaining. 2 Contingency monies will not be spent without prior authorization by City staff. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 6, 2001 TO: Ron Straka FROM: Tom Boyns, *09 SUBJECT: REVIEW OF TUKWILA PROPOSED TEMPORARY CONSTRUCTION EASEMENT S 180TH GRADE SEPARATION PROJECT Please review the accompanying proposed agreement. We are particularly interested in your comments concerning the language in the last paragraph on the first page referencing the "planned improvements associated with the South 180th Street Grade Separation project", whether you would like these specified or if the reference is sufficient as it stands. If the plans change do you want to review and approve them. Are you comfortable with the description of the area of the easement being simply the south 600 feet of the parcel? We intend to request that the Parcel Number 362304-9002 be referenced as a part of the legal description on the first page, and that the Grantor block should be replaced by the Mayors signature block. This is a very standard form and is used by most municipal jurisdictions. Thank you. 16, ��- 3. Y tiLA, wqs CITY OF TUKWILA -- PUBLIC WORKS DEPT. 4 ) FibAX TRANSMITTAL •�. . FAX NUMBER (206) 431-3665 190$ TO: DATE: 1 '^ � �" � I � o� �l N 5 `^t TITLE: FROM: COMPANY: TITLE: C'rT-\1 oF- ReTNTV N DEPARTMENT: DIVISION: FAX NO. CALLED: TOTAL NUN®ER OF PAGES SENT BY Z5 .30 '7 7-q I THIS COVER SHEET vDING 1 � (INITIALS): I I i SUBJECT: -T14 � go �' � COMMENTS/MESSAGE: 4 I F_L J t J L � LL Nt t l,..� IT tf 0 F I C A L- V E-P_S iU FI F-0tR- aX Fcu d N es Soo N t 8 L-E IF THIS COMMUNICATION IS NOT CLEARLY RECEIVED, PLEASE CALL: TUKWII.A PUBLIC WORKS DEPT. - 6300 Southcenter Blvd, Tukwila. WA 98188 - (206) 433-01798/ T d Ma/= e71m>ini Wb80:TT TO, 90 6dd f,. r CITY OF TUKWILA TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this day of , 2001,between the CITY OF RENTON,a Municipal Corporation of the State of Washington, hereinafter referred to as Grantor; and the CITY OF TUKWILA,a Municipal Corporation of the State of Washington,hereinafter referred to as Grantee; WHEREAS, Grantor is the owner of certain lands and premises situated in the County of King, State of Washington, described as follows: That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East W.M. in KingCounty,Washington, lying easterly of the Northern Pacific Railroad right-of-way i ty. 1� Y• 3 Y � Y and lying west of the following described line: i A Beginning at the northeast corner of Henry Adams Donation Land Claim; Thence east along the centerline of South 180`s Street(formerly Co.Rd.), 114 feet: Thence north 30 feet to the north line of aforesaid street and the TRUE POINT OF BEGINNING; I Thence north 644.78 feet; I Thence northerly on a straight line,parallel to the east line of said Northern Pacific Railway Company right-of-way,to the north line of said Section 36 and the terminus of said line; EXCEPT the south 30 feet thereof; AND EXCEPT that portion described as follows: Beginning at the southeast corner of said northeast quarter of the northwest quarter; Thence north 30 feet; Thence west,parallel with said south line of said subdivision,to a point 69.95 feet easterly of,as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF BEGINNING; Thence north,parallel with said Old Mainl Line Tract centerline, a distance of 213.40 feet; Thence westerly,as measured at right angles to,said Old Main Line Tract centerline, a distance of 19.95 feet to a point distant 50 feet easterly,as measured at right angles to, said Old Main Line Tract centerline; Thence southerly along a line 50 feet easterly,as measured at right angles to,said Old Main Line Tract centerline,to a point 30 feet north of the south line of said subdivision; Thence east to the TRUE POINT OF BEGINNING. i WHEREAS,Grantee is desirous of acquiring certain rights and privileges across,over, and upon said land and premises; I` NOW,THEREFORE, Grantor,for valuable consideration,the adequacy and receipt of which is hereby acknowledged,hereby grants to the Grantee,its successors and assigns and its permittees and licensees, the temporary right, privilege,and authority to construct the planned improvements associated with the South 18011 Street Grade Separation project across, under,over,and upon the following described lands and premises situated in the County of King,State of Washington,to-wit: Z d ma/coa u-iimfll W060:TT TO, 90 add i Parcel 8—Legal Description The southerly 600 feet of the above descrlbed real property,situated in King County,Washington, Together with the temporary right of ingress to and egress from said lands across adjacent lands of the Grantor,for the purpose of constructing the improvements associated with the South 180th Street Grade Separation project on said lands. The rights, priveleges, and authority hereby granted shall not limit the Grantor's right to use the surface of the above- described easement in any manner. This conveyance is conditioned upon the Grantee's obligation to construct the improvements according to the approved plans or approved revisions to the plans. The rights,privileges, and authority hereby granted shall continue to be in force until December 31,2003 or such time as the Grantee,its successors and assigns,shall complete close-out of the project,whichever is sooner, at which time all such rights, privileges,and authority hereby granted shall terminate. IN WITNESS WHEREOF,this instrument has been executed the day and year first above written. GRANTOR: F, �t STATE OF WASHINGTON } )SS. COUNTY OF } On this day of 2000,before me,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared_ and to me known to be the person(s)who signed as and of the that executed the within and foregoing Instrument,and acknowledged said instrument to be the free and voluntary act and deed of for the uses and purposes therein mentioned; and on oath stated that authorized to execute the said instrument on behalf of r GIVEN UNDER my hand and official seal the day and year in this certificate above written. I i NOTARY PUBLIC in and for the State of Washington, E d mdiQ9Q d-iIm>ini Wd60:TT TO, 90 6dd residing at My Appointment Expires; MAYOR ATTEST: I CITY CLERK APPROVED AS TO FORM; 4 r By: CITY ATTORNEY M' I 1 �t �F I b'd Md/coc d7Imni WdaT :TT TO, 90 �Jdd 4 ,.T.�� RECEIVED iE r _._. ` ILED �.� d{ APR 12 2001 kpyop P -9 Phi ') 34 MAYORS OFFICE f l •R C r V IV I i 2 �,U;�ERiU COURT CLERK RECEIVED .;EPaI , �i' 1• 3 APR 13 2001 CITY OF RENTON E)( 4 PUBLIC WORKS ADMIN 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 CITY OF TUKWILA, a municipal �, g corporation of the State of Washington, ' — , ,. . � a . T O. 9 Petitioner, ORDER TO SHOW CAUSE 10 vs. REGARDING HEARING ON PUBLIC USE AND 11 NECESSITY ALLEN CULLEN and JOAN CULLEN, 12 husband and wife, and the marital community composed thereof-, CITY OF RENTON, a 13 municipal corporation of the State of 14 Washington; PUGET SOUND ENERGY, INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWIN and BETTY GAYLE 17 GOODWIN, husband and wife, and the 18 Xrital community composed thereof, 19 Respondents. 20 21 THIS MATTER having come before the Court upon the City of Tukwila's motion 22 for an order to show cause requiring the above-named respondents to appear before the 23 Court and show cause why the Court should not enter an Order of Public Use and 24 Necessity in the City's favor, the Court having considered the City's motion, the declaration 25 of Robin Tischmak, and being otherwise advised in the premises, IT IS NOW HEREBY ORDER TO SHOW CAUSE REGARDING KENYON DORNAY MARSHALL, PLLC HEARING ON PUBLIC USE AND THE MUNICIPAL LAW FIRM I I FRONT STREET SOUTH NECESSITY - 1 ISSAQUAH,WASHINGTON 98027-3820 F:\APPS\MUNMRK\PL07826.srk/saVO4040I//dI (425)392-7090 FAX(425)392-7071 1 ORDERED,ADJUDGED AND DECREED that respondents appear before the Chief 2 Civil Department, King County Superior Court, Regional Justice Center, 401 4th Avenue 3 North, Kent, Washington 98032, on April 20, 2001 at 10:00 a.m. to show cause why, if 4 ` 5 any, the Court should not enter an Order of Public Use and Necessity in favor of the City 6 in the form attached hereto. 7 DONE IN OPEN COURT this 9 i-- day of April, 2001. 8 9 10 —FcflBGE/COURT COMMISSIONER 11 ''r P 12 T- Presented by: 13 KENYON DORNAY MARSHALL, PLLC 14 By: 15 Robert F. Noe WSBA No. 19730 16 Stephen R. King 17 WSBA No. 29790 Attorneys for Petitioner, City of Tukwila is 19 20 21 22 23 24 25 ORDER TO SHOW CAUSE REGARDING KENYON DORNAY MARSHALL, PLLC HEARING ON PUBLIC USE AND THE MUNICIPAL LA W F1R61 NECESSITY - 2 I I FROM STRFFf SOUTH ISSAQUAH,WASHINGTON 98027-3820 F:WPPS\MAJNMRK\PL07826.srk/sal/040501//dl (425)392-7090 FAX(425)392-7071 i 1 2 3 4 ` 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 CITY OF TUKWILA, a municipal KAT 8 corporation of the State of Washington, NO. 9 Petitioner, ORDER ON PUBLIC USE 10 vs AND NECESSITY 11 ALLEN CULLEN and JOAN CULLEN, (Clerk's Action Required) 12 husband and wife, and the marital community composed thereof-, CITY OF RENTON, a 13 municipal corporation of the State of 14 Washington; PUGET SOUND ENERGY, INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation, DAVID WILLIAM GOODWIN and BETTY GAYLE 17 GOODWIN, husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 THIS MATTER having come on regularly for hearing in the above-entitled court 22 before the undersigned Judge, upon the Petition of the petitioner, City of Tukwila, and the 23 respondents in this action having been identified in the Petition in Eminent Domain filed 24 with this court, and it appearing that said respondents have received due and proper notice 25 of this hearing which was provided in the Summons and Order to Show Cause Regarding KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE MUMCIPAL LA w FIRM 1 1 FRONT STREET SOUTH NECESSITY - 1 ISSAQUAH,WASHINGTON 98027-3820 F.�APPSVAtW SR-KTL07829.srkJsal/040501//dl (425)392-7090 FAX(425)392-7071 1 Hearing on Public Use and Necessity, and said respondents or their attorneys have either 2 waived appearance to the entry of these Findings of Fact and Order Adjudicating Public 3 Use and Necessity, or have not appeared or have appeared and if objecting to entry, their 4 5 objections were considered and overruled. The court, having jurisdiction over the person 6 of each and all of the respondents and the subject matter of the action, and having 7 considered the files and records herein, being fully advised and having determined that the 8 relief sought by the petitioner is proper; NOW THEREFORE, makes the following: 9 FINDINGS OF FACT. 10 1. The petitioner, City of Tukwila, is a code city and a municipal corporation 11 12 organized and existing under Title 35A of the Revised Code of Washington. 13 2. The respondents either own or have a potential interest in property that is 14 the subject of this proceeding in Eminent Domain, commenced pursuant to Chapter 8.12 15 RCW. 16 3. That on November 20, 2000, the City Council of the City of Tukwila passed 17 its Ordinance No. 1940, which authorized the acquisition of the above-described property 18 19 by negotiation and/or condemnation for public roadway purposes; said properties and 20 property rights having been fully described and set forth in said Ordinance and the Petition 21 in Eminent Domain which has been previously filed herein. 22 4. The land, property, and property rights described in the Petition are necessary 23 and will be utilized for the purposes of constructing the South 180th Street Grade 24 Separation project within the City of Tukwila to form a four lane arterial street with curbs, 25 gutters, sidewalks, street lighting, and improved signalization. KENYON DORNAY MARSHALL, PLLc ORDER ON PUBLIC USE AND THE MUMC/PALLAwFijw NECESSITY - 2 I I FROM STREET SOuTH ISSAQUAH,WASIENGTON 98027-3820 F:\APPS\NfUNPSRK\PL07828.srk/saVO40501//dI (425)392-7090 FAX(425)392-7071 I WHEREFORE, HAVING MADE THE ABOVE FINDINGS OF FACT, THE 2 COURT HEREBY ORDERS, ADJUDGES AND DECREES as follows: 3 1. The proposed use for which said lands, property, and` property rights 4 described in the Petition is sought to be taken is a public use; 5 6 2. The public interest requires the proposed use, and said property to be 7 appropriated is necessary for the proposed use; and 8 3. The clerk's office shall issue a case schedule for the above-captioned matter. 9 DONE IN OPEN COURT this day of April, 2001. 10 11 12 JUDGE/COURT CONMSSIONER 13 14 Presented by: 15 KENYON DORNAY MARSHALL, PLLC 16 I 17 By: j Robert . Noe 18 WSBA No. 19730 Stephen R. King 19 WSBA No. 29790 Attorneys for Petitioner, City of Tukwila 20 21 22 23 24 25 KF,NYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE MuwaPAL LA w FiRy 1 l FRONT STREET SOUTH NECESSITY - 3 ISSAQUAH,WASHINGTON 98027-3820 F:WPPS\MLTNI'SE2K\PL07828.srk/sal/040501//dl (425)392-7090 FAX(425)392-7071 1 2 3 4 5 6 SUPERIOR COURT OF WASHNGTON FOR KING COUNTY 7 CITY OF TUKWILA, a municipal 8 corporation of the State of Washington, ^ y 9 Petitioner, 1 MOTION FOR ORDER TO 10 vs. SHOW CAUSE REGARDING HEARING ON PUBLIC USE 11 ALLEN CULLEN and JOAN CULLEN, AND NECESSITY 12 husband and wife, and the marital community composed thereof; CITY OF RENTON, a 13 municipal corporation of the State of 14 Washington; PUGET SOUND ENERGY, INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWN and BETTY GAYLE 17 iGOODWW husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 COMES NOW the City of Tukwila, by and through its attorneys Robert F. Noe and 22 Stephen R. King, of Kenyon Domay Marshall, PLLC, and moves the Court for an Order 23 to Show Cause. 24 I. RELIEF REQUESTED 25 The City seeks the Court's issuance of a Show Cause Order requiring respondents MOTION FOR ORDER TO SHOW CAUSE KENYON DORNAY MARSHALL, PLLC REGARDING HEARING ON PUBLIC USE THEMUMcIPALLAWF/RM opy 11 FRoror WASK Souni AND NECESSITY - 1 ((v^ ISSAQUAH,STREET ou- 98027-3820 F:\APPS\NfUNMRK�PL07825.srk/sal/040401//dl (425)392-7090 FAX(425)392-7071 1 to appear and show cause why an Order on Public Use and Necessity should not be issued 2 in favor of the City in this matter. 3 II. STATEMENT OF FACTS 4 5 A copy of the City's Petition in Eminent Domain is attached hereto for the Court's 6 reference as Exhibit "A". The factual allegations contained therein are incorporated herein 7 by this reference as if set forth in their entirety. 8 Additionally, the City is seeking to make much needed improvements to S. 180th 9 Street within Tukwila. This street is utilized quite extensively by City of Tukwila, City of 10 Kent and City of Renton residents and businesses. See the Declaration of Robin Tischmak 11 filed herewith. 12 13 The City needs to obtain an order of public use and necessity as quickly as possible 14 in order to meet the requirements to qualify for State Freight Mobility Funds. The project 15 must be under contract no later than June 30, 2001 to meet the requirements. Tischmak 16 Decl. 17 In order to put the project under contract, the City must complete a Right-of Way 18 Certification. The City has previously prepared such a certification that was rejected 19 20 because the City had not acquired the property which is the subject of this action and two 21 other properties which are the subject of separate actions. Tischmak Decl. 22 III. STATEMENT OF ISSUE 23 Should a show cause order issue requiring respondents to appear at the Public Use 24 and Necessity Calendar on Friday, April 20, 2001 at 10:00 a.m. in the Chief Civil 25 Department of the King County Superior Court, Regional Justice Center, located at 401 4th MOTION FOR ORDER TO SHOW CAUSE KENYON DORNAY MARSHALL, PLLc REGARDING HEARING ON PUBLIC USE THE MUNiciPAL LA w FIRM AND NECESSITY - 2 I i FROM STREET SOUTH ISSAQUAH.WASI-maGTON 98027-3820 F:\APPS\MUNMRK\PL07825.srk/saUO40 l//dI (425)392-7090 FAX(425)392-7071 1 Avenue North, Kent, Washington 98032 to show cause why an order on Public Use and 2 Necessity should not issue. 3 IV. EVIDENCE RELIED UPON , 4 The Petition in Eminent Domain filed herein and attached hereto as Exhibit "A" and 5 6 the Declaration of Robin Tischmak filed herewith. 7 V. AUTHORITY 8 RCW 8.12.010 et seq. and, specifically, RCW 8.12.090 which provides that an 9 adjudication on public use and necessity is a judicial question to be determined by the 10 Court. 11 VI. CONCLUSION 12 13 Based on the foregoing, the Court should issue an Order to Show Cause requiring 14 respondents to appear and show cause why an Order of Public Use and Necessity should 15 not issue in favor of the City in this matter. 16 VII. PROPOSED ORDERS 17 A Proposed Order to Show Cause Regarding Hearing on Public Use and Necessity 18 is filed herewith. Additionally, the City's Proposed Order on Public Use and Necessity is 19 20 filed herewith. 21 RESPECTFULLY SUBMITTED this 5'4 of April, 2001. 22 KENYON DORNAY MARSHALL, PLLC 23 24 By Robert F. Noe, WSBA No. 19730 25 Stephen R. King, WSBA No. 29790 Attorneys for Petitioner, City of Tukwila MOTION FOR ORDER TO SHOW CAUSE KENYON DORNAY MARSHALL, PLLC REGARDING HEARING ON PUBLIC USE THE MUNICIPALLAWFM1 1 1 FRONT STREET SOUTH AND NECESSITY - 3 ISSAQUAH.WASENGTON 98027-3820 F:\APPS\NfUN,SRK\PL07825.srk/sal/040401//dl (425)392-7090 FAX(425)392-7071 C 1 2 3 4 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 CITY OF TUKWILA a municipal 8 corporation of the State of Washington, NO. 9 Petitioner, ORDER TO SHOW CAUSE 10 vs. REGARDING HEARD G ON 11 PUBLIC USE AND ALLEN CULLEN and JOAN CULLEN, NECESSITY 12 husband and wife, and the marital community composed thereof; CITY OF RENTON, a D D D p pOpO � � o 13 municipal corporation of the State of 14 Washington; PUGET SOUND ENERGY, INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT CO_�IPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWIN and BETTY GAYLE 17 .-GOODWIN, husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 THIS MATTER having come before the Court upon the City of Tukwila's motion 22 for an order to show cause requiring the above-named respondents to appear before the 23 Court and show cause why the Court should not enter an Order of Public Use and 24 Necessity in the City's favor, the Court having considered the City's motion, the declaration 25 of Robin Tischmak, and being otherwise advised in the premises, IT IS NOW HEREBY ORDER TO SHOW CAUSE REGARDING KENYON DoRNAY MARSHALL, PLLc HEARING ON PUBLIC USE AND THE MuNrcrau,LAW FIRM NECESSITY - 1 1 1 FRONT STR=SOUTH 1SSAQUAH,WASHWGTON 98027-3820 F:WPPS\MUNMRK\PL07826.srk/saU04040IHd1 (425)392-7090 FAX(425)392-7071 y 1 ORDERED,ADJUDGED ACID DECREED that respondents appear before the Chief 2 Civil Department, King County Superior Court, Regional Justice Center, 401 4th Avenue i 3 North, Kent, Washington 98032, on April 20, 2001 at 10:00 a.m. to shew cause why, if 4 ` 5 any, the Court should not enter an Order of Public Use and Necessity in favor of the City 6 in the form attached hereto. 7 DONE IN OPEN COURT this day of April, 2001. 8 9 10 JUDGE/COURT COMMISSIONER 11 12 Presented by: 13 KENYON DORNAY MARSHALL,PLLC 14 By: 15 Robert F. Noe WSBA No. 19730 16 Stephen R. King 17 =WSBA No. 29790 Attorneys for Petitioner, City of Tukwila 18 19 20 21 22 23 24 25 ORDER TO SHOW CAUSE REGARDING KENYON DORNAY MARSHALL, PLLC HEARING ON PUBLIC USE AND THE MUMCIPALLAwFnw 11 FRONT STREET SOUTH NECESSITY - 2 ISSAQUAH,WAsiuNGTON 98027-3820 F:\APPS\ fUNPSRK\PL07826.srk/saV040501//dl (425)392-7090 FAX(425)392-7071 1 2 3 4 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 CITY OF TUKWILA, a municipal g corporation of the State of Washington, , 7 . -' N&I 9 Petitioner, ORDER ON PUBLIC USE 10 vs. AND NECESSITY 11 ALLEN CULLEN and JOAN CULLEN, (Clerk's Action Required) 12 husband and wife, and the marital community composed thereof; CITY OF RENTON, a p FD 13 municipal corporation of the State of Washington; PUGET SOUND ENERGY, u 14 INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWIN and BETTY GAYLE i7 :GOODWIN, husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 THIS MATTER having come on regularly for hearing in the above-entitled court 22 before the undersigned Judge, upon the Petition of the petitioner, City of Tukwila, and the 23 respondents in this action having been identified in the Petition in Eminent Domain filed 24 with this court, and it appearing that said respondents have received due and proper notice 25 of this hearing which was provided in the Summons and Order to Show Cause Regarding KENYON DORINAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE MUNICIPAL LA W F/RM NECESSITY - 1 I I FROM STREET SOUTH 1SSAQUAIL WASHINGTON 98027-3820 F:WPPS',NRJNILSRK\PL07828.srk/sal/040501//dl (425)392-7090 FAX(425)392-7071 1 Hearing on Public Use and Necessity, and said respondents or their attorneys have either 2 waived appearance to the entry of these Findings of Fact and Order Adjudicating Public 3 Use and Necessity, or have not appeared or have appeared and if objecting to entry, their 4 objections were considered and overruled. The court, having jurisdiction over the person 5 6 of each and all of the respondents and the subject matter of the action, and having 7 considered the files and records herein, being fully advised and having determined that the 8 relief sought by the petitioner is proper; NOW THEREFORE, makes the following: 9 FINDINGS OF FACT. 10 1. The petitioner, City of Tukwila, is a code city and a municipal corporation 11 organized and existing under Title 35A of the Revised Code of Washington. 12 13 2. The respondents either own or have a potential interest in property that is 14 the subject of this proceeding in Eminent Domain, commenced pursuant to Chapter 8.12 15 RCW. 16 3 That on November 20, 2000, the City Council of the City of Tukwila passed 17 its Ordinance No. 1940, which authorized the acquisition of the above-described property 18 by negotiation and/or condemnation for public roadway purposes; said properties and 19 20 property rights having been fully described and set forth in said Ordinance and the Petition 21 in Eminent Domain which has been previously filed herein. 22 4. The land, property, and property rights described in the Petition are necessary 23 and will be utilized for the purposes of constructing the South 180th Street Grade 24 Separation project within the City of Tukwila to form a four lane arterial street with curbs, 25 gutters, sidewalks, street lighting, and improved signalization. KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE MUNrciPALLAWFL9w- I 1 FRONT STRHEr SOUTH NECESSITY - 2 ISSAQUAH,WASHNGTON 98027-3820 F:\APPS\MUNT\SRK\PL07928.srk/saYO40501//dI (425)392-7090 FAX(425)392-7071 ! 1 1 WHEREFORE, HAVING MADE THE ABOVE FINDINGS OF FACT, THE 2 COURT HEREBY ORDERS, ADJUDGES AND DECREES as follows: 3 1. The proposed use for which said lands, property, and property rights 4 5 described in the Petition is sought to be taken is a public use; 6 2. The public interest requires the proposed use, and said property to be 7 appropriated is necessary for the proposed use; and 8 3. The clerk's office shall issue a case schedule for the above-captioned matter. 9 DONE IN OPEN COURT this day of April, 2001. 10 11 12 13 JUDGE/COURT COMMISSIONER 14 Presented by: 15 KENYON DOR.NAY MARSHALL, PLLC 16 17 By. — Robert P. Noe 18 WSBA No. 19730 Stephen R. King 19 WSBA No. 29790 20 Attorneys for Petitioner, City of Tukwila 21 22 23 24 25 KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THEMumcmaLAwFnw NECESSITY - 3 1 I FROM STREET SOUTH 1SSAQUAH.WASHINGTON 98027-3820 F:\APPS\NtUNT\SRK\PL07828.srk/saU04050IHd1 (425)392-7090 FAX(425)392-7071 1 2 3 4 5 6 SUPERIOR COURT OF WASHNGTON FOR KING COUNTY CITY OF TUKWILA, a municipal r.: 8 corporation of the State of Washington, y NO. 9 Petitioner, DECLARATION OF ROBIN 10 vs. TISCHMACK N SUPPORT OF CITY OF TUKWILA'S 11 ALLEN CULLEN and JOAN CULLEN, MOTION FOR ORDER TO 12 husband and wife, and the marital community SHOW CAUSE composed thereof; CITY OF RENTON, a 13 municipal corporation of the State of 14 Washington; PUGET SOUND ENERGY, INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANIY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWIN and BETTY GAYLE 17 -GOODWIN, husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 I, Robin Tischmak, declare as follows: 22 L I am over the age of eighteen years, not a party to this action, and am competent 23 to testify herein. 24 2. I am the Senior Transportation Engineer for the City of Tukwila. 25 DECLARATION OF ROBIN TISCHMACK N SUPPORT OF CITY OF TUKWILA'S KENYON DORNAY MARSHALL, PLLc MOTION FOR ORDER TO SHOW CAUSE - THE M`V1C1PA`L"wF`%w //�� I I FROM STREET SOUTH F:WPPS\NfUNPSRK\PL07327.srk/sal/040401//d1 t(v— II'LL11v��J �`J'/ (425)392-7090 FAX(425)392-7071 1 3. The City is making much needed improvements to S. 180th Street within 2 Tukwila. The improvements will benefit the residents and businesses within Tukwila and 3 within the cities of Kent and Renton. It is critical to the City's plarin that an Order of 4 Public Use and Necessity and an Order of Immediate Use and Possession issue related to 5 6 the property which is the subject of this action. 7 4. In order to make the project a success, the City has applied for Freight Mobility 8 Funds available from the State. To qualify for these funds, the S. 180th Street project must 9 be under contract on or before June 30, 2001. 10 5. In order to put the project under contract, the City must submit a Right of Way 11 12 Certification indicating that all property required for the project has been acquired. 13 6. The City has submitted a Right of Way Certification that was rejected. The 14 certification was rejected because the property which is the subject of this action and two 15 other properties, which are the subject of separate actions, have not yet been acquired. 16 7. The project can proceed, however, if there is an Order on Public Use and 17 Necessity and the City has a Court ordered right to immediate use and possession prior to 18 19 June 30, 2001. 20 8. It is critical that this project be completed before two more winter seasons. If 21 the City is unable to get use of the subject property prior to June 30, 2001, the City will 22 not be able to complete the project within -that time frame. The project is of critical 23 importance to Tukwila, Renton, and Kent. 24 9. Public notification of timelines have been disseminated. There is a strong public 25 DECLARATION OF ROBIN TISCHMACK IN SUPPORT OF CITY OF TUKWILA'S KENYON DORNAY MARSHALL, PLLc MOTION FOR ORDER TO SHOW CAUSE- THE MUNICIPAL L.4wFiRm 2 11 FRONT STRM Sovrx ISSAQUAH,WAStENcroN 98027-3820 F:WPPS\MLJNI\SRK\PL07827.srk/sal/040401//dl (425)392-7090 FAX(425)392-7071 Air 05 O1 IC: 01a KDJM Law. Firm 425 382 7071 p. 7 1 expectation that this project will be completed Within t,'1e timelines proje:tad. 2 I make the foregoing declaration subject to the penalty of perjury under the laws of .3 the State of Washington. 4 DATED this day of April, 2001, at Tukwila; Washington. '5 6 Robin Tischmak 12 .13 14 ' • 15 ,' 16 18 , 19 22 23 24 DECLARATION OF ROBIN TISCEMACK IN SUPPORT OF CITY OF TUICWILA'S KzNyot4 DovNAY MARSHAL" R-LLC MOTION FOR ORDER TO SHOW CAUSB - TNe A(uN10��i.41w FuU I l F><orrr 3t*esr 9cluru 3 I4YAQUA14,WA HroomN 9102-7.3 20 r F 1A�f'SUSIINI�'IAK�YL0�E2737k/W1N�O I Ito r��c��o�.�.1 PAx^�lil f92.7071 \ u 1 Chief Civil Department 2 Friday, April 20,2001 10:00 a.m. 3 4 ` 5 6 W7 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 P�w4:5 i CITY OF TUKWILA, a municipal ' 10 corporation of the State of Washington, SUMMONS AND NOTICE OF 11 REQUEST FOR HEARING ON Petitioner; PUBLIC USE AND NECESSITY 12 13 vs. 14 ALLEN CULLEN and JOANT CULLEN, 15 husband and wife, and the marital community composed thereof; CITY OF 16 RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, INC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 & LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODWIN and BETTY GAYLE GOODWIN,husband and wife, and the 21 marital community composed thereof, 22 Respondents.. 23 24 25 SUMMONS AND NOTICE OF REQUEST FOR KENYON DORNAY MARSHALL,PLLC HEARING ON PUBLIC USE AND NECESSITY -THE MUMCIPAL I.Aw FDnn.+- I I FROM STREET SOUTH ISSAQUAH1 425)392-'7090 WASFA GTON 0 MII FAX(425)392 7071 ( F:�APPS\ NI�SRK�PLD00092.doc/sall04/04/�O Pw THE STATE OF WASHNGTON to respondents above named: 1 A lawsuit has been started against you in the above-entitled court by the City of 2 3 Tukwila, Washington, petitioner herein. The petitioner's claim is stated in the written 4 Petition in Eminent Domain, a copy of which is served upon you with this Summons. 5 In order to defend against this lawsuit, you must respond to the Petition by stating 6 your defense in writing, and serve a copy upon the undersigned attorney for petitioner 7 within twenty(20) days after the service of this Summons, excluding the day of service,or a 8 default judgment may be entered against you without notice. A default judgment is one 9 where the petitioner is entitled to what the petitioner asks for because you have not to responded. If you serve a Notice of Appearance on the undersigned attorney, you are 11 entitled to notice before a default judgment may be entered. 12 You may demand that the petitioner file this lawsuit with the court. If you do so,the 13 demand must be in writing and must be served upon the petitioner. Within fourteen (14) 14 15 days after you serve the demand, the petitioner must file this lawsuit with the court, or the 16 service on you of this Summons and the Petition in Eminent Domain will be void. 17 If you wish to seek the advice of an attorney iri this matter, you should do so 18 promptly so that your written response, if any,may be served on time. 19 This Summons is issued pursuant to Rule 4 of the Civil Rules for Superior Courts of 20 the State of Washington. 21 22 Ill 23 24 25 SUMMONS AND NOTICE OF REQUEST FOR KENYON DOR NAY MARSHALL,PLLc HEARING ON PUBLIC USE AND NECESSITY -THE MUMCIPALLAwFIW 11 FRoNT STREET SOUTH -2 ISSAQUAH,WAsHLNOTori 98027-3820 \\FS I\SYS\APPS\MUNIIs \PLD00092.doc/saU04/04/01 (425)392-7090 FAX(425)392-7071 1 DATED this 5�' day of April, 2001. 2 KENYON DORNAY MARSHALL,PLLC 3 By . ' 4 RoRo-eAF.Noe WSBA No. 19730 5 Stephen R..King WSBA No. 29790 6 Attorneys for Petitioner, City of Tukwila 7 NOTICE 8 9 TO: THE CLERK OF THE COURT 10 AND TO: THE ABOVE-NAMED RESPONDENTS. 11 EACH OF YOU please take notice, on Friday, the 20'' day of April, 2001, at the 12 hour of 10:00 a.m., in the Chief Civil Department of the Kent Regional Justice Center 13 located at 401 4th Ave. N., Kent, WA 98032, a Petition in Eminent Domain, a copy of 14 which is served herewith, will be presented by the petitioner, City of Tukwila, a municipal 15 corporation of the State of Washington, together with proof of service of this Notice and the 16 Petition. At that time, the Court will be requested to enter an order finding that the real 17 estate sought to be appropriated;.as described in the Petition,is necessary for a public use of 1$ the petitioner and to further affix a date for the trial by jury or by court if a jury is waived, 19 for the awarding of compensation and damages, if any, resulting from the appropriation and 20 21 use by the petitioner. 22 23 24 25 SUMMONS AND NOTICE OF REQUEST FOR KENyON DORNAY MARSHALL,PLLC HEARING ON PUBLIC USE AND NECESSITY -THE Mu"'P.ILL"F`_ II FRONT STRM SOUTH - 3 ISSAQUAH,WASHNNGTON 98027-3820 \\FS 1\SYS\APPS\NiUNRsrk\PLD00092.doe/saU04/04/01 (425)392-7090 FAX(425)392-7071 1 DATED this r6 day of April, 2001. 2 KENYON DORNAY MARSHALL,PLLC 3 4 By �� O1 t-- Roberff. Noe _ WSBA No. 19730 ` 5 Stephen R. King WSBA No. 29790 6 Attorneys for Petitioner, City of Tukwila 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUMMONS AND NOTICE OF REQUEST FOR KENYON DORNAY MARSHALL,PLLC HEARING ON PUBLIC USE AND NECESSITY THE MUNICIPAL LAWF/RN 1 1 FRONT STREET SOUTH - 4 ISSAQUAH,WASHINGTON 98027-3820 \\FS1\SYS\APPS\MUNNrk\PLD00092.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 1 2 Chief Civil Department Friday, April 20, 2001 3 10:00 a.m. 4 , 5 6 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 CITY OF TUKWILA, a municipal NO. AM �. 7 77 R-f r.10 corporation of the State of Washington, -� 11 PETITION IN EMINENT Petitioner, DOMAIN 12 13 vs. 14 ALLEN CULLEN and JOAN CULLEN, 15 husband and wife, and the marital 16 community composed thereof, CITY OF RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, INC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 & LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODWIN and BETTY GAYLE GOODWIN, husband and wife, and the 21 marital community composed thereof, 22 23 Respondents., 24 25 KENYON DORNAY 1VIARSHALL,PLLC THE MUNICIPAL LA w FiRe PETITION IN EMINENT DOMAIN - 1 1] FROM STREET SOUTH O[PV(425)39 - 090 FA GTON(42 98027-3820 071\\FSl\SYS\APPS\MLTNI\SRK\PLD00093.doc/sall 392-7090 FAX(425)392-7071 COMES NOW, the petitioner, City of Tukwila, and alleges the following: i y 2 1. The petitioner is a municipal corporation organized under Title 35A of the 3 Revised Code of Washington, and is authorized under the laws of the State of 4 Washington to condemn land and other property rights and privileges within its corporate 5 limits to be used for public uses, to wit: a road improvement project. 6 2. The respondents own or have an interest in the following described 7 property, which is located at the common address 7220 South 180th Street, Tukwila, 8 Washington, being more particularly described as follows: 9 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 10 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: 11 BEGINNING AT A POINT ON THE NORTH LINE OF THE HENRY ADAMS 12 DONATION CLAIM NO. 43, 615.75 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH AT RIGHT ANGLES TO SAID NORTH LINE 30 13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ON SAID RIGHT ANGLE LINE, 120 FEET; THENCE WEST PARALLEL WITH SAID 14 NORTH LINE 120 FEET TO A POINT ON A LINE 30 FEET NORTH OF AND 15 PARALLEL WITH THE NORTH LINE OF SAID HENRY ADAMS DONATION CLAIM NO. 43; THENCE EAST ALONG SAID PARALLEL LINE 54 FEET TO THE 16 TRUE POINT OF BEGINNING. 1.7 3. To the best of the petitioner's information and belief, based upon title 18 reports generated by Pacific Northwest Title Company, the fee owners of said parcel are 19 Allen Cullen and Joan Cullen. 20 4. Based upon the title reports generated by Pacific Northwest Title 21 Company, Washington Natural Gas Company holds an easement to the parcel recorded 22 on August 7, 1962 under King County recording number 5463001. 23 24 25 KENYON DORNAY MARSHALL,PLLC THE MLMGPAL LAW FIRM PETITION IN EMINENT DOMAIN - 2 I 1 FROM ST7 GToN ISSAQUAH,WASHIAsFu NGTON 98027-3820 F:\APPS\MUNI\srk\PLD00093.dodsal/04/04/01 (425)392-7090 FAX(425)392-7071 5. Based upon the title reports generated by Pacific Northwest Title 1 Company, the City of Renton holds an easement to the parcel recorded on June 17, 1974 2 3 under King County recording number 7406170475. 4 6. Based upon the title reports generated by Pacific Northwest Title 5 Company, Puget Sound Power & Light Company holds an easement to the parcel 6 recorded on December 16, 1985 under King County recording number 8512160885. 7 7. Based upon the title reports generated by Pacific Northwest Title 8 Company, David William Goodwin and Betty Gayle Goodwin hold a beneficial interest 9 in a deed of trust dated January 25, 1993, recorded on February 19, 1993 under King 10 County recording number 9302191000. 11 8. On the 20th day of November, 2000, the City Council of the City of 12 Tukwila enacted Ordinance No. 1940, a certified copy of which is attached hereto as 13 Exhibit"A" and incorporated herein by this reference, which authorized the acquisition 14 of the above-described property for public road purposes. 15 16 9• The use to be made of the above-described real property is a public use, to 17 wit: constructing the South 180th Street Grade Separation project to form a four lane arterial 18 street with curbs, gutters, sidewalks, street lighting, and improved signalization. 19 10. It is necessary that the land and property described in this Petition be taken 20 and used for the said public uses. The object for which this proceeding is brought is to 21 obtain an adjudication of public use and necessity and to ascertain the just compensation 22 for the taking and damaging of the property rights and property necessary therefor. 23 WHEREFORE, petitioner requests the following relief: 24 25 KENYON DORNAY MARSHALL,PLLC THE MuNmPAL La w FiRw I 1 FRONT STRFET SOUTH PETITION IN EMINENT DOMAIN - 3 ISSAQUAH,WASHINGTON 98027-3820 F:\APPS\NIUNI\srk\PLD00093.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 1. That an Order be entered herein adjudicating the appropriation and 1 acquisition of the real property and property rights of the respondents as set forth in this 3 Petition as being, and will be, necessary for the public use; 4 2. That a jury, or the court if the right to trial by jury is waived, determine the 5 just compensation and damage, if any, to be paid to the owners of the real property 6 described in this Petition, and all persons claiming title, lien, or interest as their respective 7 interests, if any, may be adjudged, for the taking or appropriation of the said real 8 ro ert P P Y; 9 3. That upon payment by petitioner of just compensation and damages, if 10 any, for any real property and property rights appropriated herein, a decree of 11 appropriation be entered herein granting to petitioner all right, title, and interest in and to 12 the said property and extinguishing any and all rights of respondents or any persons or 13 entities claiming through or under respondents or any of them; and 14 15 4. For such other and further relief as the court may deem just and equitable. 16 DATED this 544 day of April, 2001. 17 KENYON DORNAY MARSHALL,PLLC 18 -� By 19 Robert/V.Noe WSBA No. 19730 20 Stephen R. King WSBA No. 29790 21 Attorneys for Petitioner, City of Tukwila 22 STATE OF WASHINGTON ) 23 )ss. COUNTY OF KING ) 24 25 KENYON DORNAY MARSHALL,PLLC THE MuxnciPAL LAwFHm Souni PETITION IN EMINENT DOMAIN - 4 I I FRONT STREET HI IsswQuwH,WASNGToNGTON 98027-3820 F:WPPS\MUNI\srk\PLD00093.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 1 Stephen R. King, being first duly sworn upon oath, deposes and says: 2 I a1n an attorney authorized to represent and act on behalf of the City of Tukwila, petitioner named in the above and foregoing Petition; that I am authorized to make this 3 verification for and on behalf of the petitioner; and that I have read the foregoing Petition 4 know the contents thereof, and believe the same to be true. < _ 5 6 Steph R. King STATE OF WASHINGTON ) 8 )SS. 9 COUNTY OF KING ) 10 I certify that I know or have satisfactory evidence that Stephen R. King is the person who appeared before me, and said person acknowledged that he signed this 11 instrument under oath, stating that he was authorized to execute the instrument and acknowledged it, as the attorney of the City of Tukwila, to be the free and voluntary act 12 of such party for the uses and purposes mentioned in the instrument. t4l_ 13 SUBSCRIBED AND SWORN to before me this day of , 2001. v 14 15 Printed e: .\� : M % Notary Public in an for the 16 id Sate of Washington resing at 17 C�PRET,,,C' s!�,, o�' _ . �_ ONE 9_ �, ,t`_ My mmiss>on expires/ 18 U 4P 440, 19 20 ��1 WASH = 21 22 23 24 25 KENYON DORNAY MARSHALL,PLLC THE MUNICIPAL LAW FIRM 11 FRONT STRF=SOUTH PETITION IN EMINENT DOMAIN - 5 ISSAQUAH,WASHINGION 98027-3820 F:\APPS\MUNI\srk\PLD00093.dodsal/04/04/01 (425)392-7090 FAX(425)392-7071 1, v ,C ty6lork of the iLA`IV Ci y of Tukwila,do certify that this is a true and correct copy of the original o on file with the City. y�^' a; 6 DATED ls2ldayof111 1909 'Ar ity Clark City of 'Tukwila Washington,/ Ordinance No. / 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE SOUTH 180th STREET GRADE SEPARATION; PROVIDING FOR CONDEMNATION, APPROPRIATION AND TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION; PROVIDING FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council, on December 13, 1999 by Ordinance No. 1896, did adopt the year 2000 City budget and did provide therein for a transportation program that included funding for South 180th Street Grade Separation;and WHEREAS, the Capital Improvement Program provides for the acquisition of land and property for improvement of South 180th Street;and WHEREAS, the City of Tukwila Capital Improvement Program provides for the City's roadway reconstruction and safety improvements,which coordinates road projects with other elements of the larger transportation system, abutting land uses and business, industry, government,and residential processes;and WHEREAS, an Environmental Checklist under WAC 197-11 has been submitted as part of the State Environmental Policy Act review procedure and a SEPA Determination is expected to be made under WAC 197-11-360(4)prior to property acquisition;and WHEREAS, the City needs to acquire the property and property rights necessary to facilitate reconstruction of the four-lane road to provide a grade separation with the existing UPRR and BNSF within the time constraints set forth by outside funding sources;and WHEREAS, the City Council finds that public health, safety, necessity, and convenience demand that South 180th Street, Federal Aid Urban Route # 1274, be improved within the cities of Tukwila,Renton,and Kent in accordance with the Capital Improvement Program,and that certain properties, property rights, and rights in property be condemned, appropriated, taken,and damaged for public use,subject to the making or paying of just compensation to the owners thereof in the manner provided by law;and WHEREAS,the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA�-- WASHINGTON,DO ORDAIN AS FOLLOWS: . Section 1. The City Council has deemed it necessary and in the best interest of th citizens of Tukwila that the lands described in the attached Exhibit "A" and shown in Exhibi "B;' and other property rights,and or rights in property be condemned, appropriated, taken,. and damaged for the purpose of extended reconstruction of the four-lane road to provide four-lane roadway that is grade separated from the existing UPRR and BNSF. The project wil include curb,gutter,sidewalks,landscaping,illumination,drainage,channelization,and signal improvements at Southeast 72nd Avenue. The project will require significant reconstruction of side streets and accesses, as well as the relocation/reconstruction of utilities, Federal Aid Urban Route# 1274,subject to the making or paying of just compensation to the owners herein in the manner provided by law. Section 2. Compensation shall be made for the land taken and damaged. The costs and expenses for acquiring all interests and rights in said property shall be paid for from the City's Bridges 104 Fund. Section 3. Condemnation proceedings are hereby authorized to acquire property and property rights and or rights in property, together with the right to construct aad maintain slopes for cuts and fills on certain abutting properties described in the attached Exhibit "A" and shown in Exhibit"B"for the purpose of the subject road improvements. Section 4. The attorneys for the City of Tukwila are hereby authorized and directed to begin to prosecute the proceedings provided by law to condemn, take, and appropriate the land and other property, and property rights necessary to carry out the provisions of this ordinance. Section 5. Severability. If any section,subsection,paragraph,sentence,clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City,and shall take effect and be in full force and effect five(5)days after passage and publication as provided by law. PASSED BY THE CITY COUNCLi OF THEUX OF TUKWILA, W)ASHINGTON,at a Regular Meeting thereof this ,-,o 7 day of l�[v,�� �J 2000. Steven M.Mullet,Mayor ATTEST/AUTHENTICATED: Ja e E.Cantu,CMC,City Clerk APPROVED AS TO FORM: By - Office of e Cit ttomey FILED WITH THE CITY CLERK: 1/-/6_dam PASSED BY THE CITY COUNCIL: !i--Zd-t'a PUBLISHED:1/-Z4-e-o EFFECTIVE DATE: i1-.,L-0-0 ORDINANCE NO.: l�1f�O Attachments: -Exhibit A-Index and Legal Descriptions EXHIBIT "A" INDEX &LEGAL DESCRIPTIONS —ORDINANCE DOCUMENTS FOR RIGHT-OF-WAY ACQUISITION SOUTH 180TH STREET GRADE SEPARATION (PARCEL NUMBERS REFERENCED FROM THE PROJECT RIGHT-OF-WAY PLAN) PARCEL DOCUMENT IDENTIFICATION PAGE NO. 2 L.Rabel Property—Easement A-2 3 M. Lauerman Property—Full Parcel Take A-2 4 A. Cullen Property—Full Parcel Take A-3 5 Puget Sound Energy Property—Easement&R-O-W A-3,4 6 U.P. Railroad Property—Easement A-4, 5 7 B.N.S.F.Railroad Property. —Easement A-5, 6 10 K. Tiede Property—Easement A-6 11 K. Tiede Property—Easement A-7 12 DPW Holding Co. Property—Right-of-Way A-7 13 S. Schechter Property—Full Parcel Take A-8 15 Glacier Park Company Property—Easement A-8 16 Fly Away Inc. Property—Full Parcel Take A-9 A-1 PARCEL 2 The land situated in the county of King, State of Washington, and described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,WASHINGTON AND DESCRIBED AS FOLLOWS: _ THE SOUTH 60.80 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST 60 FEET OF THE WEST 260 FEET OF THE NORTH 120 FEET OF THE SOUTH 150 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THAT PORTION THEREOF CONDEMNED BY THE STATE OF WASHINGTON FOR ROAD PURPOSES UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-1. PARCEL 3 The land situated in the county of King, State of Washington, and described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET NORTH AND 735.75 FEET WEST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NUMBER 43; THENCE NORTH 120 FEET;THENCE EAST PARALLEL TO SAID NORTH LINE 66 FEET;THENCE SOUTH 120 FEET;THENCE WEST 66 FEET TO THE POINT OF BEGINNING. A-2 PARCEL 4 The land situated in the county of King, State of Washington, and described in the City of Tukwila Boundary Line Adjustment/Lot Consolidation L95-0065, King County Recording No. 9605300596, as follows: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON,� DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 669.75 FEET WEST AND 30 FEET NORTH OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION CLAIM NO. 43, SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON;THENCE NORTH 1° 39' 00" 120 FEET; THENCE SOUTH 88° 21' EAST TO THE WEST LINE OF RIGHT OF WAY OF THE SEATTLE-TACOMA INTERURBAN RAILWAY (PUGET SOUND ELECTRIC RAILWAY) AS HERETOFORE ACQUIRED;THENCE SOUTH ALONG SAID WEST LINE TO A POINT ON A LINE 30 FEET NORTH AND PARALLEL WITH THE NORTH LINE OF SAID HENRY ADAMS DONATION CLAIM NO. 43; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL 5 AREA-A—EASEMENT THAT PORTION OF THE EAST '/z OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST, W.M., KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM #43, 413.73 FEET, MORE OR LESS,WEST OF THE NORTHEAST CORNER THEREOF TO THE EAST MARGIN OF THE PUGET SOUND ENERGY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID EAST MARGIN 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST PARALLEL WITH SAID NORTH LINE 100.00 FEET,MORE OR LESS,TO THE WEST MARGIN OF PUGET SOUND ENERGY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID WEST MARGIN 15.00 FEET; THENCE EASTERLY PARALLEL WITH SAID NORTH LINE 100.00 FEET,MORE OR LESS,TO THE EAST MARGIN OF PUGET SOUND ENERGY RIGHT-OF-WAY; THENCE SOUTHERLY ALONG SAID EAST MARGIN 15.00 FEET TO THE TRUE POINT OF BEGINNING. A-3 AREA - B -RIGHT-OF-WAY THAT PORTION OF THE EAST '/2 OF THE NORTHWEST '/< OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM 943,413.73 FEET, MORE OR LESS, WEST OF THE_ NORTHEAST CORNER THEREOF TO THE EAST MARGIN OF THE PUGET SOUND ENERGY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID EAST MARGIN 30.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE WEST PARALLEL WITH SAID NORTH LINE 100.00 FEET, MORE OR LESS, TO THE WEST MARGIN OF PUGET SOUND ENERGY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID WEST MARGIN 19.50 FEET;THENCE EASTERLY PARALLEL WITH SAID NORTH LINE 100.00 FEET,MORE OR LESS,TO THE EAST MARGIN OF PUGET SOUND ENERGY RIGHT-OF-WAY;THENCE NORTHERLY ALONG SAID EAST MARGIN 19.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6 AREA-A THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST, W.M.,KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM#43, 325.75 FEET,MORE OR LESS,WEST TO THE EAST MARGIN OF THE UNION PACIFIC RAILROAD COMPANY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID EAST MARGIN 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY AND PARALLEL TO SAID NORTH LINE 88.00 FEET,MORE OR LESS,TO THE WEST MARGIN OF THE UNION PACIFIC RAILROAD COMPANY RIGHT-OF-WAY;THENCE NORTHERLY ALONG SAID WEST MARGIN 15.00 FEET;THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE 88.00 FEET,MORE OR LESS,TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID EAST LINE 15.00 FEET TO THE TRUE POINT OF BEGINNING. A-4 AREA- B THAT PORTION OF THE EAST /2 OF THE NORTHWEST '/4 OF SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M.,KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM#43, 325.75 FEET, MORE OR LESS, WEST TO THE EAST MARGIN OF THE UNION PACIFIC RAILROAD COMPANY RIGHT-OF--WAY; THENCE WESTERLY ALONG SAID NORTH LINE 50.00 FEET, MORE OR LESS; THENCE CONTINUING SOUTHERLY ALONG SAID EAST MARGIN 45.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE WESTERLY AND PARALLEL TO SAID NORTH LINE 38.00 FEET,MORE OR LESS,TO THE WEST MARGIN OF THE UNION PACIFIC RAILROAD COMPANY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID WEST MARGIN 4.50 FEET; THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE 38.00 FEET, MORE OR LESS,TO THE EAST LINE OF THE UNION PACIFIC RAILROAD COMPANY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID EAST LINE 4.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 7 AREA- A THAT PORTION OF THE EAST '/z OF THE NORTHWEST '/4 OF SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M., KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM#43,225.75 FEET,MORE OR LESS, WEST TO THE EAST MARGIN OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY;THENCE NORTHERLY ALONG SAID EAST MARGIN 30.00 FEET; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF HENRY ADAMS DONATION CLAIM 20.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EAST MARGIN OF NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY 25.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE WESTERLY AND PARALLEL TO SAID NORTH LINE 120.00 FEET,MORE OR LESS,TO THE WEST MARGIN OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID WEST MARGIN 15.00 FEET; THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE 120.00 FEET, MORE OR LESS,TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY; THENCE SOUTHERLY ALONG SAID EAST LINE 15.00 FEET TO THE TRUE POINT OF BEGINNING. A-5 AREA - B THAT PORTION OF THE EAST '/z OF THE NORTHWEST '/< OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF HENRY ADAMS DONATION CLAIM#43, 225.75 FEET, MORE OR LESS, WEST TO THUAST MARGIN OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID EAST MARGIN 30.00 FEET; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OR HENRY ADAMS DONATION CLAIM 20.00 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EAST MARGIN OF NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY AND PARALLEL TO SAID NORTH LINE 170.00 FEET,MORE OR LESS, TO THE WEST MARGIN OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY;THENCE SOUTHERLY ALONG SAID WEST MARGIN 4.50 FEET; THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE 170.00 FEET,MORE OR LESS,TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID EAST LINE 4.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 10 THE NORTH 8.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF HENRY ADAMS DONATION CLAIM, SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30.00 FEET SOUTH AND 795.75 FEET WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID DONATION CLAIM,A DISTANCE OF 60 FEET; THENCE SOUTH 120 FEET; THENCE EAST 60 FEET;THENCE NORTH 120 FEET TO THE POINT OF BEGINNING. A-6 PARCEL II THE NORTH 8.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF HENRY ADAMS DONATION CLAIM, SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: _ BEGINNING AT A POINT 30.00 FEET SOUTH AND 745.75 FEET WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID DONATION CLAIM, A DISTANCE OF 50 FEET; THENCE SOUTH 120 FEET;THENCE EAST 50 FEET;THENCE NORTH 120 FEET TO THE POINT OF BEGINNING. PARCEL 12 THE NORTH 19.50 FEET OF THE FOLLOWING DESCRIBED PARCELS A AND B: AREA-A THE EAST 70 FEET OF THE FOLLOWING DESCRIBED PORTION OF THE HENRY ADAMS DONATION CLAIM IN SECTION 36,TOWNSHIP 23 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 30 FEET SOUTH AND 675.75 FEET WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF 120 FEET;THENCE SOUTH 120 FEET; THENCE EAST 120 FEET; THENCE NORTH 120 FEET TO THE POINT OF BEGINNING; AREA-B COMMENCING AT A POINT 555.75 FEET WEST AND 30 FEET SOUTH OF THE NORTHEAST CORNER OF THE DONATION CLAIM OF HENRY ADAMS IN SECTION 36,TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M., IN KING COUNTY, WASHINGTON; THENCE WEST ALONG A LINE PARALLEL TO AND 30 FEET DISTANT FROM THE NORTH BOUNDARY OF SAID CLAIM 120 FEET;THENCE SOUTH 120 FEET;THENCE EAST 120 FEET; THENCE NORTH 120 FEET TO THE POINT OF BEGINNING; EXCEPT THOSE PORTIONS OF PARCELS A&B CONDEMNED FOR STREET (S 180 ST/ SW 43 ST) UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 81-2-08117-7 A-7 PARCEL 13 The land situated in the county of King, State of Washington, and described as follows: BEGINNING AT A POINT 495.75 FEET WEST AND 30 FEET SOUTH OF THE NORTHEAST CORNER OF THE DONATION LAND CLAIM OF HENRY ADAMS IN SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON; THENCE WEST ALONG A LINE, PARALLEL TO AND 30 FEET DISTANT FROM THE NORTH BOUNDARY LINE OF SAID CLAIM, 60; THENCE SOUTH 120 FEET; THENCE EAST 60 FEET; THENCE NORTH 120 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE COUNTY ROAD LOCATED AND ESTABLISHED ALONG THE NORTH BOUNDARY LINE OF SAID HENRY ADAMS DONATION LAND CLAIM, SAID POINT BEARING SOUTH 860 55' 00" WEST 461.3 FEET FROM THE NORTHEAST CORNER OF SAID CLAIM; THENCE WEST ALONG THE SOUTH LINE OF SAID COUNTY ROAD, 34.7 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 26' 00" WEST 121 FEET;THENCE NORTH 89' 34' 00"WEST 14 FEET;THENCE NORTHERLY ON A CURVE TO THE LEFT OF A RADIUS OF 11,409.2 FEET AT A DISTANCE OF 121.1 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF THE AFORESAID COUNTY ROAD, WHICH POINT IS 15.3 FEET WEST FROM THE TRUE POINT OF BEGINNING;THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF THE AFORESAID COUNTY ROAD, 15.3 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 15 THAT PORTION OF THE EAST %OF THE NORTHWEST '/< OF SECTION 36, TOWNSHIP 23 NORTH,RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTH 136.39 FEET OF THE OPEN SPACE AS DESIGNATED IN THE PLAT OF BURLINGTON NORTHERN NORPAC INDUSTRIAL DISTRICT NO. 1, DIVISION 2,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 98 OF PLATS,PAGES 27 AND 28,IN KING COUNTY, WASHINGTON LYING WEST OF THE KING COUNTY DRAINAGE DISTRICT NO. 1 RIGHT-OF-WAY. A-8 PARCEL 16 The land situated in the county of King, State of Washington, and described as follows: LOT B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-95-13, RECORDED UNDER RECORDING NUMBER 9506290384, BEING A PORTION OF HENRY ADAMS DONATION CLAIM NO. 43, A PORTION OF TRACTA, BURLINGTON NORTHERN NORPAC INDUSRIAL DISTRICT NO. 1, DJVISION 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 98 OF PLATS, PAGES 29 THROUGH 32,INCLUSIVE,IN KING COUNTY, WASHINGTON, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,TOWNSHIP 23 NORTH,RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON. A-9 T.23N. R.4E. W.M. ---------r----- - - - - -----------------T--- NW 1/4 NE 1/4 I y I SEC. 36 ,j CITY OF RENTON I NW 1/4 NW 1/4 I NE 1/4 NW 1/4 SEC. 36 I SEC. 36 C �I. -� CITY OF s ( TUKWILA 0 015 la• t,. --------I — 11 1 II ��,,n END OF PLAN — r "° STA. 41+07.91 P.O.T. ( MATCH LINE 1 I II 1 11 �J I I 1 to 11 III Cl:) I _ 7 ----------- r 35 SW 43Ro(S.1eoiH S 4U -- ( II i I II �I ' � GINNING OF PLAN I n I .,TA. 10+00.00 P.O.T. ( ° 'S CITY OF KENT I SEC. 36 I u II II I I le I SW 1/4 NW 1/4 I SE 1/4 NW 1/4 SEC. 36 I SEC. 36 isa o Iso Sao — I— MAT LINE SCALE IN FEET by "t. CONSULTANTS VICINITY MAP AND TOTAL PARCEL DETAILS 1 ��• PUBLIC WORKS DEFT. W F s r... a F/75/n0 �I/� MM Fill AVEWA same r..l I w 4 —ENGINEERING—STREETS—WATER—SEWER—PARKS—BUILDING— . ,r qF Frlym FEDERAL WAY.WA**XFTOM ).b A14 E SOUTH 18081 STREET GRADE SEPARATION fun + W Y O/ v PAX PaN I-mrso .........................................................................................................................................................:: I i 1. .................................. Y-4__�'i_----^-- '--^----^— --'"--a'r„---- ...........•......Y .•. T.23N. R.4E. W.M. ..:'.✓ � � � it r: CCTV OF TUKWILA Y � 1` I 1i V11UTY EASEMENT I •'i: 11 I I 1 I o I , Y 1' I 18+873 ISO. ET Ij f Ya I ii I 1 2 1' 150. ..................'...... 1; .........................................................................._.....................©............................................ ............ :::::::::':'::... 1 1 ............................................................. t. is I Y: i 18+1171 PROPOSED:,': F. EASEMENT:: .. R r COMM. I EASELFlIT C` 0 elDc PROPosEo 1 0 7 L J EASEMENT 1 + is _ FOUND COPPER MADE lNTfR5EC '.............. ..... ................,....�..j........ PIN IN 2 I.P. + $ 50.88 LT) 20 15 5 882 -E 2'15 10 SW 43RD S.IBOTH PROPOSED b o •• I' EASEMENT -�"CITY OF OF TUKW_ ILA '� ——.r.....: ..�- 1 7 \ ...:--,:j/............... I. 1 ;.. CITY OF KEFJT `\1 it to Ho. 1 I ROPosED lY i i 1 r— EASEMENT J8.0 R i 1 50. RT) !50.00 R'(1 1: I Ci I it I! i i H0. (38.0 RT)i i 13 :....................................... EGINNING 0 PLAN °*I STA. 10+00.00 P.O.T. yy,//��� V �I}� I����I 150.0o Rr) 5D R A ET 7.331 eaI CITY ®V ��eil� M. yANNM 1/l0 7/10 . A DAEFN A 11000 If.000 3 �E 100 LEGEND T 1 f00 11EOE 1'A II ov►IIaDwC C9YM'f Al Lx ne 333 3 lI MKW"Ty G"6119W µAS {0 0 �O 80 1} ECNR■ e 1 I'MCEI Na o1.L Mu ■ uN A r .......� mcpa"lu[ SCALE IN FEET OHTIERSHIPS Au AWAS VMW IN UIUW RLr � '•'• CONSULTANTS RIGHT-0OF-WAY 2 MI-T $L,IC WOIzI<S DEFT. °° ' SHEET 1 ....1 s3=1 WIN AVE?"80UT1/ENGINEERING—STREETS—WATER—SEWER—PARKS—BUILOING— taw q, a FEDERAL WAY,WAPIINOTON". Eff TA. : �, �3I-� SOUTH 180th STREET GRADE SEPARATION AS W peN low. ao.wlrno T.23N. R.4E. W.M. D_ � �� Z X N -- Li Y ® © O L) V(c 270 3LT --- /-E105RN0 DRAINAGE EASEMENT + F/C PROPOSED UTILITY EASEMENT i , .. __ ---____ ............. �Y - --- 2 - 30 I 25 5 e9va'45'E SW 4JRD S. 150 H s ea�2.1s E iN a BRAss Dlsc i s CITY OF RENTON ' --- — --------- — -----` —————... .— —.—......... ----- ---- --------------- ----------- .. .. T. .5RT) :: ........ ....i',�.....; ...�.. DRAINAGE ——.— —— .. /r --- — -------- ----- ...Tom...... ---- — 22t174 (50.00 RT EASEMENT�i� g . t 50.DO RI) __----_ r PROPOSED (50EASEMENT84.5 Rn I 1 q 2 PROPOSED ACCESS COMM comm. EASEMENT I BLDG BLDG 14 0 4 15 S 1w. RT) okT �I I CITY OF KENT I C FOR PARCEL 16 SEE SHEET 1 { 1W gAIIROM "a r oNv-n.xaao � 1 ❑IY OT PFNIQN NSiJ) el IILYAM ac��aN ut ve an LEGEND rsAr aTtlroYE�+vwnus v ISSJJl IS RACER vAAY C(APANY +.J.{N 35e 40 0 4o BO It I RY AWAY.INC. S)E Jel JJ.,JeI 11 PAG4ATY own r KAIBO15 P M0. NA1C ff)IAL AREA ■ l.ACYNND{N eT. NFII SCALE IN FEET OWNERSHIPS ALL—AS��M OAK MT PRa>ar.MEcs CONSULTANTS RIGKTOF-WAY PLAN 3 ,..IEA. FUSLIC WOIR. S DEFT. .:.�" 0 SHEET2 —13w4 77701 iTNAVEMIE 1017T11 n —ENGINEERING—STREETS—WATER—SEWER—PARKS—BUILDING— rF FEDERAL WAY,WASHINGTON'!A! SOUTH 100th STREET GRADE SEPARATION w. FAX (205y671-n50 r M. W Y. ii T.23N. R.4E. W.M. O END OF PLAN CITY OF RENTON I STA. 41+07.91 P.o•T• r ao SW I3I30(5. 1e07N) _� 40 S ee'4e'45'E as CITY OF RENTON �' _� T 110H __ - =- .' ------,_---__________ _—_^^_____--_____�---�—_-- _—�— '-__— ___E FOND 3 BRASS DISC T I s 6 7 E 9 I f I ` � I BURUNGTON NORTHERN NORPAC M USTRIAL DISTRICT NO.1 ONNSION 2 I I I I Ir I Y fff CITY OF KF NT Cr h r r LEGEND 4. o ,o eo Sl 9rt ] ii REOP N 001 R1Af017 ,1o_ *Dr.o.uE� u,lwou Ili SCALE IN FEET OWNERSHIPS � MOP�ry"1C' CONSULTANTS RIGHT-0E-WAY PLAN 4 PUBLIC WORIGS DEFT. , r..•• w 77]01 iTN ANRAIE 90EJiN SHEET 3 u.--1 t-1 4 x —ENGINEERING—STREE TS—WATER—SEWER—PARKS—BUILDING— p,--u-� v s f ! FEDERALWAY,WABHNG" p* M 4 �nG)431-"M SOUTH 180th STREET GRADE SEPARATION wr. FAX PM)4]1.UW 1 2 Chief Civil Department Friday, April 20, 2001 3 10:00 a.m. 4 5 6 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 CITY OF TUKWILA, a municipal 10�= j? ^ 10 corporation of the State of Washington, 11 MEMORANDUM IN SUPPORT Petitioner. OF PUBLIC USE AND 12 NECESSITY 13 vs. 14 ALLEN CULLEN and JOAN CULLEN, 15 husband and wife, and the marital 16 community composed thereof, CITY OF RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, INC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 & LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODWIN and BETTY GAYLE GOODWIN, husband and wife, and the 21 marital community composed thereof, 22 23 Respondents. 24 25 KENYON DORNAY N A SHA)_LL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC THEMUMc1PAL UwFnw ourH USE AND NECESSITY - 1 ISSAQUAI 1 FxorH Srnssr GToN 98027-3820 \\FS1\.SYS\APPS\MUNI\SRK\PLD00094.doc/sa [PNV 425 392-7090 FAX(42S)392-7071 I. INTRODUCTION/NATURE OF PROJECT 1 2 The petitioner, City of Tukwila, proposes to condemn and acquire certain 3 property which abuts and is situated along South 180th Street, located within the City of 4 Tukwila. The property sought to be acquired will be utilized for a road improvement 5 project, as part of the construction of the South 180th Street Grade Separation project. To 6 accomplish this project, it is necessary that the City condemn a certain portion of 7 property described in the Petition filed herein. 8 On November 20, 2000, the City Council of the City of Tukwila passed its 9 Ordinance No. 1940, entitled: 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 11 TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF 12 CONSTRUCTING THE SOUTH 180TH STREET GRADE SEPARATION; PROVIDING FOR CONDEMNATION, 13 APPROPRIATION AND TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; 14 DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION; 15 PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN 16 EFFECTIVE DATE. 17 A certified copy of Ordinance No. 1940 is filed with the Petition in Eminent Domain in 18 this matter, as required by RCW 8.12.060. 19 The issues before the court at this time are whether the use sought to be made of 20 the subject property is a public use, and whether the property is reasonably necessary for 21 the purpose for which it is sought. The issue of just compensation for the taking is to be 22 determined at a later trial. 23 24 25 KENYON DORNAY MARSRALL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC THE MUNICIPAL L.Aw FIRM USE AND NECESSITY- 2 11 FRO�sT �TsoUTH 1$$AQUAH,WASHiNGTON 98027-3820 \\Fs 1\sys\APPs\MUM\SRK\PLD00094.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 II. AUTHORITY OF THE CITY TO ACQUIRE PROPERTY FOR STREET 1 IMPROVEMENT PURPOSES 2 The authority for the City of Tukwila to acquire property by condemnation for street improvement purposes is set forth in RCW S.12.030, which states as follows: 4 Every city and town and each unclassified city and town within the state of 5 Washington, is hereby authorized and empowered to condemn`land and property, including state, county and school lands and property for streets, 6 avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, city and town halls, jails and other public 7 buildings, and for the opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, and to 8 damage any land or other property for any such purpose or for the purpose of making changes in the grade of any street, avenue, alley or highway, or for 9 the construction of slopes or retaining walls for cuts and fills upon real 10 property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be ordered to be opened, extended, altered, 11 straightened or graded, ... and to condemn land and other property and damage the same for such and for any other public use after just 12 compensation having been first made or paid into court for the owner in the manner prescribed by this chapter. 13 In addition, the City of Tukwila, as a code city organized under Title 35A of the 14 Revised Code of Washington, has been delegated "all powers possible for a city or town 15 16 to have under the constitution of this State, and not specifically denied to code cities by 17 law." RCW 35A.11.020. These powers include acquisition of real property of all kinds. 18 Bellevue v. Painter, 58 Wn.App. 839, 841, 795 P.2d 194 (1990). 19 III. PUBLIC USE OF PROPERTY FOR STREET IMPROVEMENT PROJECTS 20 A. Public Use and Necessity Distinguished. 21 The question of whether a particular proposed use is a "public use" is judicial in 22 nature. Des Moines v. Hemenway, 73 Wn.2d 130, 437 P.2d 121 (1968); Tacoma v. 23 Welcker, 65 Wn.2d 677, 684, 399 P.2d 330 (1965). The determination of "public 24 25 KF-NYON DORNAY MARSHALL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC TXE MUMCJPAL LA W Fmm U 11 FRONT STR�er SouTH USE AND NECESSITY- 3 ISSAQUAH,WASFigJGTON 98027-3820 \\FS 1\SYS\APPS\MUNMP,K\PLD00094.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 necessity" for a particular improvement is a legislative question. Tacoma v. Welcker 1 2 (supra), at 684; Medical Lake v. Brown, 63 Wn.2d 41, 385 P.2d 387 (1963). 3 B. Public Use Generally. 4 Whether a given use is in fact a public use is solely a judicial question, although 5 the legislative determination is to be given great weight. Tacoma v. TVelcker, (supra) at 6 page 684. Further, specific plans in a condemnation action have no bearing on the order 7 of public use; such plans relate to damages determined subsequent to adjudication of 8 public use and necessity. State ex rel. Agee v. Superior Court of King County, 58 Wn.2d 9 838, 840, 365 P.2d 16 (1961). State ex rel Lang v. Superior Court of King County, 61 10 Wn.2d 153, 156-57, 377 P.2d 435 (1963). All that is required to support an order of II public use is that the property be put to the use for which it was condemned and that use 12 be determined to be public. State ex rel Agee v. Superior Court, (supra). 13 C. Acquisition for Street Improvement Project is a Public Use. 14 1 The acquisition of property for street improvement purposes is well recognized as 16 a legitimate public use. (See RCW 8.12.030 and 2 J. Sackman, Nichols' Law of Eminent 17 Domain, Chapter 7 (3d Ed. Rev. 1993)). In fact, the Supreme Court as early as 1906 18 stated, "The use of property for a street or highway is necessarily public, and the trial 19 court could not find otherwise." State ex rel Thomas v. Superior Court, 42 Wash. 521, 20 525, 85 Pac. 256 (1906). See also State v. Brannan, 85 Wn.2d 64, 68, 530 P.2d 322 21 (1975). 22 23 24 25 KENYON DORINAY MARSHALL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC THEMuwciPALDwF/RM USE AND NECESSITY- 4 I1 FxoxrSrrSouni IsswQuwH,Wwstm,rcTON 98027-3820 \\FS1\SYS\APPS\MUNI\SRK\PLD00094.dodsaVO4/04/01 (425)392-7090 FAX(425)392-7071 Here, evidence presented by the City will show that the subject property being 1 acquired for street improvement purposes will be devoted to a public use. Therefore, 2 3 there can be no serious question that subject acquisition is for a public use. 4 IV. PUBLIC NECESSITY FOR ACQUISITION OF PROPERTY FOR STREET IMPROVEMENT PURPOSES 5 A. Public Necessity Generallv. 6 The concept of necessity is closely connected to the concept of public use, but it 7 does not mean absolutely, immediate or indispensable need. Tacoma v. Welcker, (supra), 8 at page 684. 9 The determination of necessity in a given instance is a legislative determination, 10 11 and it is deemed conclusive by the courts when found to exist by the appropriate 12 legislative body, absent proof of actual fraud or such arbitrary and capricious action as 13 would constitute constructive fraud. State v. Brannan, 85 Wn.2d 64, 67-68, 530 P.2d 322 14 (1975); Medical Lake v. Brown, 63 Wn.2d 41, 44-45, 485 P.2d 387 (1963); Tacoma v. 15 Welcker, (supra), at 684. 16 B. Public Necessity Declared. 17 The City of Tukwila, through the proper exercise of legislative authority, has 18 declared that public necessity requires the acquisition of the subject property pursuant to 19 Ordinance No. 1940. This legislative determination of necessity is conclusive absent 20 proof of fraud. In re Port of Seattle, 80 Wn.2d 392, 398, 495 P.2d 327 (1972). Here, the 21 public use and necessity is clearly shown, and proof of fraud is not evident. Therefore, a 22 23 declaration of necessity should be entered. 24 25 KENYON DORNAY MARSHALL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC THEMUNICIPALLIWFIRM 11 FROM S iFEEr Souni USE AND NECESSITY - 5 ISSAQUAH,WASHiNGTON 98027-3820 \\FS1\SYSWPPS\MUNI\SRK\PLD00094.dodsaU04/04/01 (425)392-7090 FAX(425)392-7071 V. CONCLUSION 1 The issues before the court are whether the use to be made of the subject property 2 3 is a public use, and whether the property is reasonably necessary for the purposes for 4 which it is sought. The records and files herein, and if necessary the evidence to be 5 presented, clearly demonstrate that the property to be acquired is for the public use and is 6 necessary for the improvement of the City's system of streets and roads. 7 RESPECTFULLY SUBMITTED this Sly day of April, 2001. 8 KENYON DORNAY MARSHALL,PLLC 9 By � 10 Robert . Noe WSBA No. 19730 11 Stephen R. King WSBA No. 29790 12 Attorneys for Petitioner, City of Tukwila 13 14 15 16 17 18 19 20 21 22 23 24 25 KENYON DORNAY MARSHALL,PLLC MEMORANDUM IN SUPPORT OF PUBLIC -THE MUMCIPALL1wFiRw I I FRONT STREET SOUTH USE AND NECESSITY - 6 ISSAQUAH,WASHINGTON 98027-3820 \\Fs 1\SYS\APPS\MUNI\SRK\PLD00094.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 1 2 3 4 ` 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY CITY OF TUKWILA, a municipal 01 m 2 s Q 9 1 5 2 — `� Na y 8 corporation of the State of Washington, NO. 9 Petitioner, ORDER ON PUBLIC USE 10 vs AND NECESSITY 11 ALLEN CULLEN and JOAN CULLEN, (Clerk's Action Required) 12 husband and wife, and the marital community composed thereof; CITY OF RENTON, a 13 municipal corporation of the State ofED14 Washington; PUGET SOUND ENERGY, D INC., successor in interest to WASHINGTON 15 NATURAL GAS COMPANY and PUGET SOUND POWER & LIGHT COMPANY, 16 INC., a Washington corporation; DAVID WILLIAM GOODWIN and BETTY GAYLE 17 GOODVvN, husband and wife, and the 18 marital community composed thereof, 19 Respondents. 20 21 THIS MATTER having come on regularly for hearing in the above-entitled court 22 before the undersigned Judge, upon the Petition of the petitioner, City of Tukwila, and the 23 respondents in this action having been identified in the Petition in Eminent Domain filed 24 with this court, and it appearing that said respondents have received due and proper notice 25 of this hearing which was provided in the Summons and Order to Show Cause Regarding KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND TmEMoxlcrPALL,+wFrx.K Pw 11 FRONT STREET SOUTH NECESSITY - 1 �O ISSAQUAH,WASHINGTON 98027-3820 F:�APPS\MLrNMRK\PL07828.srk/saUO40501//dl (425)392-7090 FAX(425)392-7071 1 Hearing on Public Use and Necessity, and said respondents or their attorneys have either 2 waived appearance to the entry of these Findings of Fact and Order Adjudicating Public 3 Use and Necessity, or have not appeared or have appeared and if objecting to entry, their 4 5 objections were considered and overruled. The court; having jurisdiction over the person 6 of each and all of the respondents and the subject matter of the action, and having 7 considered the files and records herein, being fully advised and having determined that the 8 relief sought by the petitioner is proper; NOW THEREFORE, makes the following: 9 FINDINGS OF FACT. 10 1. The petitioner, City of Tukwila, is a code city and a municipal corporation 11 organized and existing under Title 35A of the Revised Code of Washington. 12 13 2. The respondents either own or have a potential interest in property that is 14 the subject of this proceeding in Eminent Domain, commenced pursuant to Chapter 8.12 15 RCW. 16 3. That on November 20, 2000, the City Council of the City of Tukwila passed 17 its Ordinance No. 1940, which authorized the acquisition of the above-described property 18 19 by negotiation and/or condemnation for public roadway purposes; said properties and 20 property rights having been fully described and set forth in said Ordinance and the Petition 21 in Eminent Domain which has been previously filed herein. 22 4. The land, property, and property rights described in the Petition are necessary 23 and will be utilized for the purposes of constructing the South 180th Street Grade 24 Separation project within the City of Tukwila to form a four lane arterial street with curbs, 25 gutters, sidewalks, street lighting, and improved signalization. KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE ML'Ic'P.w LAW FIPM NECESSITY - 2 1 1 FRONT STREET SOUTH ISSAQUAH.WASHINGTON 98027-3820 F:\APPS\NfUNf\SPK\PL07828.srk/sal/040501//dl (425)392-7090 FAX (425)392-7071 1 WHEREFORE, HAVING MADE THE ABOVE FINDINGS OF FACT, THE 2 COURT HEREBY ORDERS, ADJUDGES AND DECREES as follows: 3 1. The proposed use for which said lands, property, anT pfoperty rights 4 ` described in the Petition is sought to be taken is a public use; 5 6 2. The public interest requires the proposed use, and said property to be .7 appropriated is necessary for the proposed use; and 8 3. The clerk's office shall issue a case schedule for the above-captioned matter. 9 DONE N OPEN COURT this day of April, 2001. 10 11 12 JUDGE/COURT COMMISSIONER 13 14 Presented by: 15 KENYON DORI-IAY MARSHALL, PLLC 16 - J 17 - Robert . Noe 18 WSBA No. 19730 Stephen R. King 19 WSBA No. 29790 20 Attorneys for Petitioner, City of Tukwila 21 22 23 24 25 KENYON DORNAY MARSHALL, PLLC ORDER ON PUBLIC USE AND THE MUNICIPA L LA w FlRN NECESSITY - 3 S FxorSTREET SOUTH ISsnQUnH.x,WASHQJGTON 98027-3820 F:\APPS\MUNT\SRK\PL0782S.srkJsaUO40501//dl (425)392-7090 FAX(425)392-7071 1 2 Chief Civil Department Friday, April 20, 2001 3 10:00 a.m. 4 5 6 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 CITY OF TUKWILA, a municipal .,-1'0 -3 10 corporation of the State of Washington, U:Y _ 11 REQUEST TO STIPULATE TO Petitioner ORDER FOR IMMEDIATE 12 POSSESSION AND USE 13 vs. 14 ALLEN CULLEN and JOAN CULLEN, 15 husband and wife, and the marital 16 community composed thereof; CITY OF RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, TNC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 &LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODWIN and BETTY GAYLE GOODWIN, husband and wife, and the 21 marital community composed thereof, 22 23 Respondents. 24 25 K-ENYON DORNAY MARSRALL,PLLC REQUEST TO STIPULATE TO ORDER FOR -THE MUN70PALLAWFIRM IMMEDIATE POSSESSION AND USE- 1 11 FROM STREET SOUTH ISswQunH,WASHINGTON 98027-3820 \\FS i\SYS\APPS\MUNI\SRK\PLD00096.doc/saU /�P (425)392-7090 FAX(425)392-7071 COMES NOW the petitioner, City of Tukwila, by and through its attorneys of 1 2 record, Robert F. Noe, Stephen R. King, and Kenyon Domay Marshall, PLLC, and 3 requests that respondents, Allen Cullen and Joan Cullen, stipulate to an Order for 4 Immediate Possession and Use by the petitioner of the respondents' property as identified 5 in the Stipulated Order for Immediate Possession and Use, attached hereto. If 6 respondents agree to so stipulate, then respondents are requested to execute said Order 7 and return the same to petitioner's undersigned attorney of record. 8 DATED this 5�4 day of April, 2001. 9 10 KENYON DORNAY MARSHALL,PLLC 11 By / 12 Robert .Noe no WSBA No. 197.) 13 Stephen R. King WSBA No. 29790 14 Attorneys for Petitioner, City of Tukwila 15 16 17 18 19 20 21 22 23 24 25 KENYON DORNAY MARSHALL,PLLC REQUEST TO STIPULATE TO ORDER FOR THE MUNICIPAL bwFmm IMMEDIATE POSSESSION AND USE - 2 t 1 FaorHA sr Sourx Iss�Qunrc,WA 98027-3820 Us I\.SYSIAPPSIMUNMRK\PLD00096.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 1 2 Chief Civil Department Friday, April 20, 2001 3 10:00 a.m. 4 5 ` 6 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 CITY OF TUKWILA, a municipal NO. 10 corporation of the State of Washington, 11 STIPULATED ORDER FOR Petitioner, IMMEDIATE USE AND 12 POSSESSION 13 vs. 14 ALLEN CULLEN and JOANT CULLEN, 15 husband and wife, and the marital 16 community composed thereof, CITY OF RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, INC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 & LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODW'IN and BETTY GAYLE GOODWIN, husband and wife, and the 21 marital community composed thereof, 22 23 Respondents. 24 25 KENYON DOR`IAY MARSHALL,PLLC STIPULATED ORDER FOR IMMEDIATE USE THEM&w1aP.4L1-4WFiPm AND POSSESSION - 1 II FRONTSTRE-TSO= IssAQUAH,WASHINGTON 98027-3820 \\FSI\SYS\APPS\MUNMRK\PLD00097.doc!saU04/04/01 (425)392-7090 FAX(425)392-7071 IT IS HEREBY STIPULATED AND AGREED by the petitioner, City of i 2 Tukwila, by and through its attorney of record, and the respondents, Allen Cullen and Joan Cullen, by and through their attorney of record, to entry of the following Order. 4 DATED this day of April, 2001. 5 KENYON DoR.NAY MARSHALL, PLLC 6 By: 7 Robert r. Noe WSBA No. 19730 8 Stephen R. King WSBA No. 29790 9 Attorneys for Petitioner, City of Tukwila 10 11 By 12 WSBA No. Attorneys for Respondents, Allen 13 Cullen and Joan Cullen 14 15 ORDER 16 IT IS HEREBY ORDERED that at such time as petitioner deposits the sum of 17 $500,000.00 into the registry of the court in accordance with RCW 8.25.070 as its offer 18 to acquire the property described as follows, the City of Tukwila shall have, and is hereby 19 awarded and granted, immediate possession and use thereof: 20 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 2-3 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, 21 DESCRIBED AS FOLLOWS: 22 BEGINNING AT A POINT ON THE NORTH LINE OF THE HENRY ADAMS 23 DONATION CLAIM NO. 43, 615.75 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH AT RIGHT ANGLES TO SAID NORTH LINE 30 24 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ON 25 KENYON DORNAY MARSHALL,PLLC STIPULATED ORDER FOR IMMEDIATE USE -THE muxictp LL4wFmm AND POSSESSION - 2 11 FROM STREETSouT-H -3820 \\FSI\SYS\APPSIMUNI\SRK\PLD00097.doc/saU04/04/01 I425)392,090 FAX(42UNGTON 98027071 (425)392-7090 FAX(42S)392-7071 SAID RIGHT ANGLE LINE, 120 FEET; THENCE WEST PARALLEL WITH SAID 1 NORTH LINE 120 FEET TO A POINT ON A LNE 30 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID HENRY ADAMS DONATION 2 CLAIM NO. 43; THENCE EAST ALONG SAID PARALLEL LINE 54 FEET TO THE 3 TRUE POINT OF BEGINNING. 4 IT IS FURTHER ORDERED that respondents have satisfied their conditions c 5 under RCW 8.25.070(3) to seek reasonable attorney fees and reasonable expert witness 6 fees, and that the parties subsequent to this Order may enter a decree of appropriation 7 and/or record the above described easements prior to judgment on the amount of S compensation, if any,to be paid to respondents. 9 IT IS FURTHER ORDERED that value shall be determined as of the date of trial. 10 IT IS FURTHER ORDERED that in the event just compensation for the owners' 11 affected property interests is more than the above mentioned sum deposited by the City 12 pursuant to this agreement, the City shall be required to pay interest on the increased 13 amount from the date of the deposit called for herein until the date of payment at the rate 14 15 of twelve percent (12%) per annum. 16 DONE N OPEN COURT this day of April, 2001. 17 1s JUDGE/COURT COMMISSIONER 19 Presented by: KENYON DORNAY MARSHALL, PLLC 20 21 By: „U/L �✓�u-,, Ul ��r2 r RobeA F. Noe, WSBA No. 19730 22 Stephen R. King, WSBA No. 29790 Attorneys for Petitioner, City of 23 Tukwila 24 25 KENYON DORNAY MARSHALL,PLLC STIPULATED ORDER FOR IMMEDIATE USE THEMuNicIPAL[AwF'Rm AND POSSESSION - 3 I I FROM STREET SOUTH ISSAQUAH, WwsrmaGTON 98027-3820 \\FS 1\SYS\APPS\MUNI\SR.K\PLD00097.doc/saU04/04/01 (425)392-7090 FAX(425)392-7071 1 Copy Received; Approved for Entry; And Notice of Presentation Waived: 2 3 4 By WSBA No. 5 Attorneys for Respondents, Allen Cullen and Joan Cullen 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KENYON DORNAY?VLkRSHALL,PLLC STIPULATED ORDER FOR IMMEDIATE USE THE 1VA-uP.4L LA W FIRM A S FeorrrSrx Sourx AND POSSESSION - 4 ISAQU.v.,WASHINGTON 98027-3820 \\FS 1\SYS\APPSWIUNMRK\PLD00097.doc/saU04/04/01 (425)392-7090 FAX(425)392-7071 1 Chief Civil Department 2 Friday, April 20, 2001 10:00 a.m. 3 4 5 6 7 8 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 9 F TUKWILA, 10 CITY O a municipal 10 corporation of the State of Washington, �. LIS PENDENS 11 Petitioner, 12 13 VS. 14 ALLEN CULLEN and JOAN CULLEN, 15 husband and wife, and the marital community composed thereof; CITY OF 16 RENTON, a municipal corporation of the 17 State of Washington; PUGET SOUND ENERGY, INC., successor in interest to 18 WASHINGTON NATURAL GAS COMPANY and PUGET SOUND POWER 19 & LIGHT COMPANY, INC., a Washington corporation; DAVID WILLIAM 20 GOODWIN and BETTY GAYLE GOODWIN, husband and wife, and the 21 marital community composed thereof, 22 Respondents 23 24 25 KENYON DORNAY MARSHALL,PLLC THE MUNICIPAL LAW FIRM I I FRONT STREET SOUTH LIS PENDENS - 1 ISSAQUAH,WASHINGTON 98027-3820 F:WPPS\,\fUNMRK\PLD00098_doc/saU04/04/01 ^ nn r7 (425)392-7090 FAX(425)392-7071 NOTICE IS HEREBY GIVEN that an action has been instituted and is now 1 pending in the Superior Court of the State of Washington for King County upon the 2 3 Petition in Eminent Domain of the City of Tukwila. The object of this Eminent Domain 4 action is to take or use, for a necessary and public purpose and object, th&real property or 5 real property rights described herein, to acquire property for public purposes, including a 6 road improvement project, and any other municipal purposes that may be necessary from 7 time to time on the property. 8 The above-entitled action affects title to the property and property rights of the 9 following described property: 10 A. The respondents own or have an interest in the following described 11 property, which is located at the common address 7220 South 180th Street, Tukwila, 12 Washington, being more particularly described as follows: 13 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 14 23 NORTH, RANGE 4 EAST, W.M., N KING COUNTY, WASHNGTON, DESCRIBED AS FOLLOWS: 15 16 BEGINNING AT A POINT ON THE NORTH LINE OF THE HENRY ADAMS DONATION CLAIM NO. 43, 615.75 FEET WEST OF_THE NORTHEAST CORNER 17 THEREOF; THENCE NORTH AT RIGHT ANGLES TO SAID NORTH LINE 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ON is SAID RIGHT ANGLE LINE, 120 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE 120 FEET TO A PONT ON A LINE 30 FEET NORTH OF AND 19 PARALLEL WITH THE NORTH LINE OF SAID HENRY ADAMS DONATION CLAIM NO. 43; THENCE EAST ALONG SAID PARALLEL LINE 54 FEET TO THE 20 TRUE POINT OF BEGINNING. 21 The respondents comprise the fee owners, occupants, and persons who claim an 22 interest in the above-described real property, located in the City of Tukwila, King 23 County, State of Washington. To the best of the petitioner's information and belief, based 24 25 KENYON DORNAY MARSHALL,PLLC THE MumicjPAL LA w FiRm 1 1 FRONT STREET SOUTH LIS PENDENS - 2 ISSAQUAH,WASHINGTON 98027-3820 F:\APPS\MUNI\SRK\PLD00098.doc/sal/04/04/01 (425)392-7090 FAX(425)392-7071 upon title reports generated by Pacific Northwest Title Company, the fee owners of said 1 parcel are Allen Cullen and Joan Cullen. 2 All persons in any manner dealing with this real property or property rights after 3 4 the filing of this Lis Pendens will take subject to the rights of the above-entitled petitioner 5 as established in the above-entitled action. 6 DATED this 5f4 day of April, 2001. 7 KENYON DORNAY MARSHALL,PLLC 8 By 9 Robert F. Noe WSBA No. 19730 10 Stephen R. King WSBA No. 29790 11 Attorneys for Petitioner, City of Tukwila 12 13 STATE OF WASHINGTON ) )SS. 14 COUNTY OF KING ) 15 I certify that I know or have satisfactory evidence that Stephen R. King is the 16 person who appeared before me, and said person acknowledged that he signed this instrument under oath, stating that he was authorized to be thete the and voluntary instrument and d 17 acknowledged it, as the attorney of the City of Tukwila, to of such party for the uses and purposes mentioned in the instrument. 18 SUBSCRIBED AND SWORN to before me this c� day of4a,2001. 19 20 C C. $r'��� Printed e: 21 `_CQ_ SioN �a '� Notary Public in an for the VIte of ashingto residing at a ,22 , 23 G 's, 8`� = _ My a mmission eXpiresoDJa?/ U o' 24 ���� OFWA7' `_ 25 KENYON DORNAY MARSHALL,PLLC Tye MUMCIPAL L.+w FiRm--- 11 FRONT STREET SOUTH LIS PENDENS - 3 1SSAQUAH,WASHNGTON 98027-3820 F:\APPS\NSUNMRK\PLD00098.dodsa(/04/04/01 (425)392-7090 FAX(425)392-7071 CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 4, 2000 Mr. Jim Morrow, Director of Public Works City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 SUBJECT: OAKESDALE BUSINESS PARK WETLAND BUFFER ENCUMBRANCE OPTIONS FOR THE S. 180TH GRADE SEPARATION PROJECT Dear Mr.Morrow; My engineering staff has put together two site maps of the wetland mitigation area north of S. 180t" St. based on information provided by the design consultant, BERGER/ABAM. The maps show the two existing wetlands and associated buffers, the proposed detention pond, pump station, maintenance road and the upland area available for mitigation. As shown in the map exhibit labeled Option 1, there is not sufficient remaining upland area (21,000 SF)to locate the 21,370 SF required for the Oakesdale Business Park wetland buffer encumbrance on the site. In addition,a portion of the pond maintenance road and pump station occupies approximately 2,800 SF, which would further reduce the available upland area to 18,200 SF. The location of a road in a wetland buffer is not allowed, therefore this option, based upon the current wetland mitigation requirement of 1.67 acres, is not feasible. However, if the project wetland impacts and corresponding mitigation were to be reduced, this option might be feasible. Your consultant has indicated that one of the shoofly track connections will be eliminated from the project, which may reduce the quantity of fill in wetlands A and B in Tukwila. In which case,the reduction in wetland mitigation area needed on the site could be used to accommodate the Oakesdale Business Park wetland buffer area that was encumbered on the site. As you also know, our Mayor's position is that if the Oakesdale Business Park wetland buffer encumbrance, the S. 1801h Grade Separation Project wetland mitigation and storm water management facilities cannot be accomplished on the same site, then Tukwila will need to find an alternative site for the wetland mitigation. To resolve this problem, we have identified an alternative solution titled Option 2. Option 2 would be to create additional wetland area in exchange for reserving the Oakesdale Business Park wetland buffer encumbrance on the site. We believe that this option would provide a greater benefit to the project (see exhibit labeled Option 2) and meets the intent of our buffer encumbrance agreement with the Oakesdale Business Park. We will need to verify that the Oakesdale Business Park is agreeable to the City of Renton waiving buffer encumbrance in exchange for the creation of additional wetland on the site as part of the S. 180t" St. Grade Separation Project wetland mitigation. The project wetland biologist will need to determine what the wetland creations to buffer exchange rate should be, but our minimum acceptable exchange for wetland creation to wetland buffer encumbrance is 0.5:1. Thus, for the 21,370 SF of buffer encumbrance, 10,685 SF (0.25 ac.) of additional wetland area would need to be created as part of the S. 180`I' Grade Separation Project 1055 South Grady Way- Renton, Washington 98055 0 This paper contains 50 o recycled material,20%post consumer October 6, 2000 Page 2 wetland mitigation. This is wetland mitigation that is in addition to the project wetland mitigation. Under Option 2, the total amount of wetland mitigation that would be needed includes the 1.67 acres for the project wetland impacts plus the 0.25 acres for Oakesdale Business Park buffer encumbrance exchange for a total of 1.92 acres. To summarize, due to the current 1.67 acres of wetland mitigation that is needed for the project, there is not enough upland area remaining on the site to accommodate the Oakesdale Business Park wetland buffer encumbrance and the proposed project storm water management facilities (Option 1). The creation of additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance can be accomplished on the remaining upland area on the site and still meet the intent of wetland buffer encumbrance agreement (Option 2). If the project wetland impacts were to be reduced, then Option 1 might be feasible. In addition, the project design needs to consider wetland buffer requirements for the existing wetlands that are on the site within the project limits. I trust that this information provides you the direction that is needed for you to proceed with the design. If you have any questions, please contact Ron Straka, Surface Water Utility Supervisor at 425-430-7248 or me at 425-30-7311. Sincerely, 77g '� Gregg Zim erman,P.E. Planning/Building/Public Works Administrator cc: Lys Hornsby Ron Straka H:\DIVISION.S\UTILITIE.S\DOCS\2000451.doc\RJS\cor Option #1 r 'r Upland Area Remc ining J l\/� Area required for itigati (1.67ac) Oak sda e Business k Wetland "A" Par Development 0 0 z I ;I m Not to Scale Area available for buffer encumbrance (21,OOOsf) etland "B" u er 2 ' ffe I m ti D----SD � SD ULD D UD UD UD UD UD I. Option #2 Additional Mitigation Required or buffer exchange I, I (0.25ac) Upland Area Remainin —1771 Area required for miti ation 1.67ac) I Wetland A 0 kes ale Business w w Pak D velopment � o , `v o: I L L O Z' a If�'I ZI i Not to Scale 7 E-C O O O OZ� 0 0 0 �— 7'1 ;L O O O O O 0 � `� r 0 O 0 2c4ct ITAIletland "B" 1 _✓ 2. Buffer uffer SD--SD SD UDD D UD UD UD " UD UD — ' CITY OF RENTON 4 Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 3, 2000 Mr. Paul T. Casey, Vice President The Zelman Companies 707 Wilshire Boulevard, Suite 3036 Los Angeles, California 90017 SUBJECT: S. 180TH GRADE SEPARATION PROJECT-WETLAND CREATION IN EXCHANGE FOR BUFFER AVERAGING EASEMENT AREA Dear Mr. Casey; The Cities of Renton and Tukwila are jointly designing the S. 180'h Grade Separation Transportation Project to eliminate the S. 180'h St. (SW 43`d Street)at-grade crossing of the Burlington Northern railroad tracks, directly west of the Oakesdale Business Park. The proposed project will lower the grade elevation of the road such that it will pass under the Burlington Northern tracks uninterrupted. The project is expected to impact existing wetlands in Tukwila. The project wetland mitigation is proposed to be done on a parcel of land owned by the City of Renton located along the Oakesdale Business Park western property line and east of the Burlington Northern tracks(see enclosed map). As part of the Oakesdale Business Park project permitting,we agreed to an exchange of easements, which were recorded. The City of Renton agreed to grant an easement to Zelman Renton LLC over an upland portion of this site(21,370 square feet). This easement was needed by the Oakesdale Business Park development project to satisfy the City wetland buffer averaging requirements. In return,Zelman Renton LLC granted the City a utility easement and an ingress/egress easement over a portion of the Oakesdale Business Park site(copy of easements enclosed). Due to the amount of area needed for wetland mitigation and storm water facilities for the S. 180th Grade Separation Project,there is not sufficient space to accommodate these facilities and the Oakesdale Business Park wetland buffer averaging encumbrance. To resolve this problem,the City of Renton is proposing to require the S. 180`h Grade Separation Project to create additional wetland area in exchange for reserving area on the site for the Oakesdale Business Park wetland buffer encumbrance. We are recommending that the S. 180th Grade Separation Project create additional wetland in exchange for the Oakesdale Business Park wetland buffer averaging encumbrance at a minimum ratio of 0.5 to 1.0. We believe that wetlands have more value than buffer area and this exchange meets the intent of City Code. This wetland for buffer exchange does not affect our agreement and exchange of easements, nor does it affect any current or future development of the Oakesdale Business Park site. The Oakesdale Business Park has satisfied all City requirements associated with the City's wetland buffer averaging requirements. We are making you aware of the proposed S. 180th Grade Separation Project wetland for buffer exchange to keep you informed of any decisions regarding the wetland buffer averaging easement that we granted to you. H:\DIVISION.S\UTILITIE.S\DOCS\2000460.doc\Icf 1055 South Grady Way-Renton, Washington 98055 ®This paper contains 50/recycled material,20%post consumer Mr. Paul T. Casey,Vice President The Zelman Companies October 6, 2000 Page 2 If you have any questions concerning this proposal, please contact Ron Straka at 425-430-7247. Sincerely, Gregg Zimmerman,Administrator Planning/Building/Public Works Department cc: Lary Warren Lys Hornsby Ron Straka Allen Quynn Neil Watts H:\DIVISION.S\UTILITIE.S\DOCS\2000460.doc\lcf Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98055-3232 Title: EASEMENT Property Tax Parcel Number: 362304-9111 Project File#: Oakesdale Business Park Street Intersection: SW 43rd St,West of Oakesdale Ave SW Grantor(s): Grantee(s): 1. Zelman Renton LLC 1. City of Renton, a Municipal Corporation The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to C the above named Grantee,the following described property: Q Additional legal is on pages 3&4 of document. Cj LEGAL DESCRIPTION: Portion NW 1/4 NE 1/4,and NE 1/4 NW 1/4,S 36,T 23N,R 4E,WM in King County,Washington. C For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as o practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: n a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the o utilities to be placed within the easement by the Grantee;or C. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. yd. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. = e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and 0 that they have a good and lawful right to execute this agreement. D N m Cl) i 99-1 1 5 Pate 1 of 6 Title: EASEMENT Property Tax Parcel Number: 362304-9111 Project File#: Oakesdale Business Park Street Intersection: SW 43rd St,West of Oakesdale Ave SW Grantor(s): Grantee(s): 1. Zelman Renton LLC 1. City of Renton, a Municipal Corporation o t� IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this Q day of�ji / 19 . ,f� � 2e�incl� .�j p/.r�;c�//C�r7/�P�rS .�.,� • ii� a :� ' i�%Pi�i�i i� Notary Seal must be within box / / " CKNOWLEDGMENT QNNAt t STATE OF SS COUNTY O4K+N)r�*) e ify that w or e satisfactory evidence that / igned this instrument,on oath Q st d thyhe/slyhe washy e authorized to execute the instrument and ° 4 ackno deed it as the and v JJ of to be the free and voluntary act of such m = party/p es for the uses and purposes ment�one m the instrument. (�-J n 7 0/� N t 1 O n 1 G Notary Public in amend/or the State N z0 Notary(Print) /Yeti 8 ° My appoin n ex ires: Dated: 99-11 5 Pa2e 2 of 6 r Drainage Easement Legal Description A drainage easement over the South 100 feet of the following described property: Those portions of the Northwest quarter of the Northeast quarter and the Northeast quarter of the Northwest quarter, all in Section 36,Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at a point 114 feet East and 30 feet North of the Northeast corner of Henry Adams Donation Claim No. 43 in the Northeast quarter of the Northwest quarter of said Section 36; Thence North, a distance of 644.78 feet; Thence South 84°34' East, a distance of 649.70 feet; Thence South 04°37' West, a distance of 193 feet, more or less, to the centerline of Drainage Ditch No. I (Springbrook Creek); Thence southwesterly along said centerline,to a point lying East of the Point of Beginning; Thence West, to the point of beginning; CEXCEPT that portion lying easterly of the westerly right-of-way margin of Drainage Ditch No. I (Springbrook Creek) LESS street(SW 43rd St.). Page 3 of 6 H ADIVISION.S\UTILITIE.S\DOCS\1999\FILEONE\99-005.DOC Ingress/Egress Easement Legal Description An ingress/egress easement over the West 45 feet of the South 225 feet of the following described property: Those portions of the Northwest quarter of the Northeast quarter and the Northeast quarter of the Northwest quarter, all in Section 36, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at a point 114 feet East and 30 feet North of the Northeast corner of Henry Adams Donation Claim No. 43 in the Northeast quarter of the Northwest quarter of said Section 36; Thence North, a distance of 644.78 feet; Thence South 84°34' East, a distance of 649.70 feet; Thence South 04°37' West, a distance of 193 feet, more or less, to the centerline of Drainage Ditch No. I CIO (Springbrook Creek); 0 OThence southwesterly along said centerline, to a point lying East of the Point of Beginning; C Thence West, to the Point of Beginning; a) LESS street (SW 43rd St.). Page 4 of 6 HAM VISION.S\UTILITIE.S\DOCS\I999\FILEONE\99-005.DOC Exhibit 'A' Drainage Easement S 84' 34' E 649.70' r� bo oc Drainage Easement z AreaLO ,- 0 masterly right-of-w y for S-ringbrook Creek �lter line of C 100' Drainage District #1 S rin brook Creek /" SW 43rd Steet True Point of Be innin a o 1-=200' Zoo i s ( IN FEET ) i Page 5 of 6 Exhibit 'B' Ingress/Egress Easement I� S 84° 34' E 649.70' o , c� c Ingress/Egress Easement LO Area Sdrpsterly right-of-way for ingbrook Creek' 2 5' 45' Draina e District #1 S rin brook Creek SW 43rd Steet ITrue Point of Be innin a a I � i 0 1"=200' 200 s ( IN FEET ) z Page 6 of 6 Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98055-3232 Title: EASEMENT Property Tax Parcel Number: 362304-9002 Ca Project File#: Oakesdale Business Park Street Intersection: SW 43rd St,West of Oakesdale Ave SW Grantor(s): Grantee(s): C 1. City of Renton, a Municipal Corporation 1. Zelman Renton LLC 1 The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to N the above named Grantee,the following described property: C Additional legal is on page 2 of document. LEGAL DESCRIPTION: Portion NW 1/4,S 36,T 23N,R 4E,WM in King County,Washington. v For the purpose of facilitating averaging wetland buffers as required for the development of the Oakesdale Business Park. Th � HW1tt%�l run with the land described herein,and shall be binding upon the parties, their heirs,suc rOfir ssigns. Grantors covenant that they are the lawful owners of the above properties and'� y have a o ' awful right to execute this agreement. IN WITNESS EREOOF,said Gr r hS caused this in ent to be executed this 11 Aday of 1W 19_qJ. SEAL *_ Approved: City of R Lon z a Jesse Tanner, ayo :!!NIl1q;A��� City Cler Notary Seal must be within box ACKNOWLEDGMENT STATE OF WASHINGTON )SS COUNTY OF KINGCn ) 0 ` � I certify that I know or have satisfactory evidence that_Jesse Tanner am inF$ ,t A c� signed this instrument,on oath stated that he was authorized to execute the instrument ;�, ,K. •,:.,� and acknowledged it as the Mayor of The City of Renton to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. C3 1 Y Y Notary Public in and for the State of Washington Notary(Print) M I c li e i e- New rn a mi My appointment expires: 9 I ZG'U Dated: Way 1/ l 9 g g ,o q' CD 99-1 17 Page I of 3 CU Area For Buffer Averaging Legal Description A contiguous 2 1,3 70 square foot portion of the City of Renton property, as described below, exclusive of all designated wetlands and statutory wetland buffers to be used for wetland buffer mitigation: That portion of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at the Northeast corner of Henry Adams Donation Claim No. 43; Thence East, a distance of 114 feet; Thence North, a distance of 30 feet, to the True Point of Beginning; Thence North, to an intersection with the North line of the Northwest quarter of said Section; Thence westerly, along said North line, to an intersection with the easterly right-of-way margin of the Northern Pacific Railroad; Thence southerly, along said easterly right-of-way margin, a distance of 1076.6 feet, more or less; Thence East, a distance of 20 feet; CD Thence southerly, along said easterly right-of-way margin, to a point lying West of the True Point of Beginning; Thence East, to the True Point of Beginning; C LESS street(SW 43rd St.); EXCEPT the south 200 feet thereof. Page 2 of 3 [I \DIVISION.S\UTILITIE.S\DOCS\l999TILEONE\99-005.DOC BUFFER AVERAGING PLAN OAKSDALE BUSINESS PARK PENTON, WASNIN TON i � 7 PCCP67TY BOU DAR ! BIFFER TO EE AVERAGED I •••,6i. MQ TO\ — — 21.370 SF I 7Ap N'1 iy OFF-SITE BIFFER AVERAGINGI ii;:;:l•:11�.. + AREA 21.370 5F I 11 {:rr QEDVCEO l i 5�F O SFO REMAIN I TLA!•p J 1;1� ";�'.) 21-37 0 A _ •�kN(l��i� •1 I -y�i.��aiah I I1:,1{r�rrl�ll I III 1 lid I !'1 t•lif�ij 1 __ 14;iWE TLAJID 1'� 1 iJI{t11 t1i(: _ 1 I j - i II I ,�\ � I L1 40 II , II i r r") � l + \ •CPM APEA\ \ I I k I 1 21.370 SF ;.\ — I-1—i—�--- i I 1 II 90 I!!I71 / II j ! BCLf�DM^T SW 43rd St. — — i Exhibit `A' Page 3 of 3 Return Address: City Clerks office 20030203000126 City of Renton CITY OF RENTON EAS 22.00 1055 South Grady Way 02/03//2003F09:02 Renton, WA 98055 KING COUNTY, WA Title: UTILITIES EASEMENT Property Tax Parcel Number: 362304-9002 Project File#: Street Intersection or Project Name: S. 180th Undercrossing Project Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation LEGAL DESCRIPTION: A storm drainage pond easement over the north 75 feet of the south 120 feet of the east 210 feet of the following described tract: That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East, W.M., in the City of Renton,King County, Washington, described as follows: Beginning at the northeast corner of Henry Adams Donation Land Claim No.43; Thence easterly, along the centerline of SW 43`d Street(formerly South 180"Street and a County road),a distance of 114 feet; Thence north, a distance of 30 feet,to an intersection with the northerly right-of-way margin of said street and the True Point of Beginning; Thence North, a distance of 644.78 feet; Thence northerly,parallel with the east line of the Northern Pacific Railroad Company right-of-way,to an intersection with the north line of said subdivision; Thence westerly along said north line,to an intersection with the east line of said right-of-way line; Thence southerly along said east line,a distance of 1076.6 feet; Thence east, a distance of 20 feet; Thence southerly along said east line,to an intersection with said northerly right-of-way margin of SW 43`d Street; Thence easterly along said northerly right-of-way margin,to the True Point of Beginning; Page] That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee,its successors and assigns,an easement for wetlands plantings with necessary appurtenances over,under,through,across and upon the following described property(the right-of- way)in King County,Washington,more particularly described on page 1. For the purpose of installing,replacing and maintaining wetlands plantings,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. Upon successful completion of all permit requirements associated with the wetlands plantings,the City of Tukwila may pursue a release of this easement from the City of Renton. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. �N` n IN WITNESS WHEREOF,said Grantor has caused this instrum\� \ iII#idl13 H ed this day of 20 I)A City Inton \\�����;�•( OF Jessaarmer,Mayor _ I* IEAI, *_ _ Attest City Clerk 'lflIiNltftt't�\\ ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jesse a, Tanner, Mayor signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the fy F� Mayor of The City of Renton to be the free and voluntary act of such party/parties for _ the us s and purposes mentioned in the instrument. ". / PUBLIC _ 9'7 p�� �• Not blic in and for the State of Washington Notary(Print) Suzann D. Lombard My appointment expires: 9/9/05 Dated: December 19, 2002 Page 2 . �Ex Map Exhibit "A" 4.4 U NTS 3 C a o � u U -2 C O «i Z O to � f � ---i---.-- ----- 7 S 180th St -Z SW 43rd St - S 180th St Undercrossing Project Easement Area ----- Utility Easement to City of Tukwilla City of Renton Owned Property Map Exhibit "B" 0 NTS C) �J —.; ' .---�—° . u SW 43rd St 7 City of Tukwila S 180th St Undercrossing Project (Storm Drainage Facilities) Utility Easement to City of Tukwilla City of Renton Owned Property i Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20030203000127 PAGE 001ROFT004EAS 22.00 02/03/2003 09:02 KING COUNTY, UA Title: UTILITIES EASEMENT Property Tax Parcel Number: 362304-9002 Project File#: Street Intersection or Project Name: S. 180th Undercrossing Project Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation LEGAL DESCRIPTION: A wetlands planting easement over that portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East,W.M.,in the City of Renton,King County,Washington,described as follows: Beginning at the northeast corner of Henry Adams Donation Land Claim No.43; Thence easterly,along the centerline of SW 43rd Street(formerly South 180th Street and a County road),a distance of 114 feet; Thence north,a distance of 30 feet,to an intersection with the northerly right-of-way margin of said street and the True Point of Beginning; Thence North,a distance of 644.78 feet; Thence northerly,parallel with the east line of the Northern Pacific Railroad Company right-of-way,to an intersection with the north line of said subdivision; Thence westerly along said north line,to an intersection with the east line of said right-of-way line; Thence southerly along said east line,a distance of 1076.6 feet; Thence east,a distance of 20 feet; Thence southerly along said east line,to an intersection with said northerly right-of-way margin of SW 43rd Street; Thence easterly along said northerly right-of-way margin,to the True Point of Beginning. EXCEPT that portion lying northerly of a line 600 feet north of,and parallel with,said northerly right-of-way margin; EXCEPT the north 75 feet of the south 120 feet of the east 210 feet thereof; and EXCEPT the south 45 feet thereof. Page 1 That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns,an easement for wetlands plantings with necessary appurtenances over,under,through,across and upon the following described property(the right-of- way)in King County,Washington,more particularly described on page 1. For the purpose of installing,replacing and maintaining wetlands plantings,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. Upon successful completion of all permit requirements associated with the wetlands plantings,the City of Tukwila may pursue a release of this easement from the City of Renton. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrum ��Ml xecuted this�da'y of t 20Q City f enton \\\�xxo�� \,O R�JN� iiii Je Tanner, Mayor Atte -* SEAL _ City Clerk ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KINGLL ) I certify that I know or have satisfactory evidence that Jesse Tanner Mayor, signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the 1` Mayor of The City of Renton to be the free and voluntary act of such party/parties for 3 the sand purposes mentioned in the instrument. PLOU ° ft+ °°••off.°-� . Notaroublic in and for the State of Washington Notary(Print) Suzann D. Lombard My appointment expires: 9/9/05 Dated: December 19, 2002 Page 2 Map Exhibit "A" a U 03 NTS 3 Cd � a U U o C �1 z S 180th St SW 43rd St 7T S 180th St Undercrossing Project �- — -- Easement Area Utility Easement to City of Tukwilla City of Renton Owned Property R Map Exhibit "B" CC � NTS ct �N on IV- SW 43rd St ----------- .;F City of Tukwila S 180th St Undercrossing Project` (Wetlands Planting) Utility Easement to City of Tukwilla City of Renton Owned Property Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20030203000125 CITY OF RENTON EAS 22.00 PAGE 001 OF 004 02/03/2003 09:02 KING COUNTY, WA Title: UTILITIES EASEMENT Property Tax Parcel Number: 362304-9002 Project File#: Street Intersection or Project Name: S. 180t Undercrossing Project Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. City of Tukwila, a Municipal Corporation 2. Franchise Utilities in the City of Renton LEGAL DESCRIPTION: A utilities easement over the south 45 feet of the following described tract: That portion of the northeast quarter of the northwest quarter of Section 36,Township 23 North,Range 4 East, W.M., in the City of Renton, King County, Washington,described as follows: Beginning at the northeast corner of Henry Adams Donation Land Claim No.43; Thence easterly, along the centerline of SW 43`d Street(formerly South 180' Street and a County road), a distance of 114 feet; Thence north, a distance of 30 feet,to an intersection with the northerly right-of-way margin of said street and the True Point of Beginning; Thence North, a distance of 644.78 feet; Thence northerly,parallel with the east line of the Northern Pacific Railroad Company right-of-way,to an intersection with the north line of said subdivision; Thence westerly along said north line,to an intersection with the east line of said right-of-way line; Thence southerly along said east line,a distance of 1076.6 feet; Thence east, a distance of 20 feet; Thence southerly along said east line,to an intersection with said northerly right-of-way margin of SW 43`d Street; Thence easterly along said northerly right-of-way margin,to the True Point of Beginning; Page 1 x That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee,its successors and assigns,an easement for wetlands plantings with necessary appurtenances over,under,through,across and upon the following described property(the right-of- way)in King County,Washington,more particularly described on page 1. For the purpose of installing,replacing and maintaining wetlands plantings,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. Upon successful completion of all permit requirements associated with the wetlands plantings,the City of Tukwila may pursue a release of this easement from the City of Renton. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. tp IN WIT SS WHEREOF,said Grantor has caused this instrument t, 1gffig ee this ff day of f 20 D.Z. C f Renton \\\\\ ®F RW)u O l % se Tanner, Mayor SEAttest � City Clerk �j D J ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS �. COUNTY OF KING ) D. ' , � I certify that I know or have satisfactory evidence that Jesse f• `t Tanner, Mayor signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the S %OTAft T Mayor of The City of Renton to be the free and voluntary act of such party/parties for '""" 8 the uses and purposes mentioned in the instrument. PUBLto ti,i 8 �.��egip � �- NotaVublic in and for the State of Washington 4��nt ? .aP Notary(Print) Suzann D. Lombard My appointment expires: 9/9/05 Dated: December 19, 2002 Page 2 Map Exhibit "A" a u 03 NTS 3 14 U U 0 ro U U cd O 'C7 cd U O z 0 as _ S 180th St SW 43rd St ------------ S 180th St Undercrossing Project Easement Area Utility Easement to City of Tukwilla City of Renton Owned Property Map Exhibit "B" NTS un 210' ILQ SW 43rd St 7 City of Tukwila & City Franchise Utilities S 180th St Undercrossing Project (General Utilities) Utility Easement to City of Tukwilla City of Renton Owned Property